










































































1 













































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M E M O I E 



OF 



HUGH LAWSON WHITE, 

JUDGE OF THE SUPREME COURT OF TENNESSEE, MEMBER OF THE 
SENATE OF THE UNITED STATES, ETC., ETC. 



WITH SELECTIONS FEOM HIS 



SPEECHES AND CORRESPONDENCE. 



EDITED BY 



NANCY N. SCOTT, 



ONE OF HIS DESCENDANTS. 




PHILADELPHIA: 
J. B. LIPPINCOTT, & Co. 



1856. 






Entered according to Act of Congress, in the year 1S56, by 

J. B. LIPPINCOTT & Co., 

In the Clerk's Office of the District Court of the United States, for the Eastern District 

of Pennsylvania. 



TV. H. TlHBON, Stkrkotyper. 
'A Beekmaa St., New York. 



5 



TO 

IES. MAET M. OVERTON. 

THE ONLY SURVIVING SISTER OF HUGH LAWSON WHITE " THE JUST," 

€ jjis fflmnrhl 

OP HIS PURE LIFE AND WORTHY DEEDS, 

THE IREEPEESSIBLE OUTPOUEINa OF A YEARNING SPIRIT, WRITTEN 

WITH A HOPE THAT IT MAY CONTRIBUTE TO 

A RIGHT ESTIMATE OF THE MAN, 

BUT WITH THE CONVICTION THAT A MUCH MORE PERFECT AND LOFTY 
TRIBUTE IS JUSTLY HIS DUE, 

IS RESPECTFULLY AND LOVINGLY DEDICATED BY 

THE WRITER. 



PKEFACE. 



This book has many imperfections. It is not compiled by 
an experienced writer, nor has it been prepared with the 
advantages of position or reputation. It is simply a tribute 
to the memory of one beloved and departed ; the offering of 
that almost idolatry which is found only in the breasts of 
those few who by nature are nearest and dearest to man. 
Only the merits of earnestness and devotion can therefore 
be claimed for it. 

The writer has endeavored to retire from view ; to accom- 
plish the present purpose in the most unobtrusive manner, 
by a narrative brief and plain, interspersed with such letters, 
speeches, and other documents, as may best illustrate the 
relations of Judge White to the great men and measures of 
the times, and the high and honorable position — honorable 
to himself, his state, and his country — which he held in the 
hearts and councils of his countrymen. 



CONTENTS. 



CHAPTER I. 

PAGE 

Ancestry — Gen. James White — Mary Lawson his Wife, .... 1 

CHAPTER II. 

Childhood — Youth — Studies — Expedition against the Indians — Private 
Secretaryship, 8 

CHAPTER III. 
Lawyer and Judge — Other Public Appointments, 15 

CHAPTER IV. 

State Legislator — Controversy with Mr. Grundy — Duelling, . . .19 

CHAPTER V. 
Wilderness Journey to Gen. Jackson, . . 24 

CHAPTER VI. 
A Financier — Presidency of Bank of Tennessee, 28 

CHAPTER VII. 

Commissioner under Treaty with Spain — Second Commissionership, . . 33 

CHAPTER VIII. 

Senate — Panama Mission — Federal Judiciary Apportionment, . .36 

CHAPTER IX. 

Senate — Internal Improvements — United States Bank, . . . .70 

CHAPTER X. 

Senate — Indian Tribes — "Force Bill" — Executive Patronage — Expunging 
Resolutions, 153 



X CONTENTS. 

CHAPTER XL 

PAGB 

Senate — Abolition — Public Land Distribution — Sub-Treasury Bill — Appear- 
ance — Business habits — Surname, . . 197 

CHAPTER XII. 

First Political Position — Subsequent Change — Letter from Mr. Polk — 
Public Confidence in Judge White — His Singular Position, . . . 245 

CHAPTER XIII. 

Relations to Messrs. Grundy, Polk, Johnson, and Catron — Correspondence 
with Polk and Johnson — Judge White and the Presidency, . . . 253 

CHAPTER XIV. 
His relations to Gen. Jackson, 265 

CHAPTER XV. 
Canvass with Mr. Van Buren — Letter from Mr. Clay, . . . 327 

CHAPTER XVI. 

Retirement from Public Life — Legislative Instructions — Resignation of 
Senatorship, 369 

CHAPTER XVII. 

Dinner at Washington — Speeches of Messrs. Preston, White, Corwin, 
Evans, Habersham, and Biddle, 395 

CHAPTER XVIII. 

Journey Home — Flattering Reception, 409 

CHAPTER XIX. 
His Family — Afflictions — Letter to Dr. Coffin, 413 

CHAPTER XX. 

His Death — Public Meetings — Proceedings of the Bar of Tennessee, . 240 

Conclusion, 437 

Appendix 449 



MEMOIR 



OP 



HUGH LAWSON WHITE. 



CHAPTER I. 



ANCESTRY. 



One mile above Knoxville, on the banks of the Holston River, 
there stood, until within the last two years, a house worthy of remem- 
brance as the home of two eminent Tennesseans; Hugh Lawson 
White, the subject of this memoir, and his father, General James 
"White. The daguerreotype of the old building is before me. All 
over the great West there are thousands like it — the shelters, palaces, 
and castles of the hardy pioneer ; his first forest home, the scene and 
centre of freedom, energy, courage, privation, truly and peculiarly 
American ; the altar of his first triumphs over the subdued wilder- 
ness ; often the humble birth-place of talent and genius, and of ambi- 
tion high, noble, swift, and strong, such as rarely or never before 
sprung into existence. 

A front view of the old edifice displays two square sections, " pens," 
or separate apartments, of unequal size, each a story and-a-half high, 
built of logs coarsely hewn, the interstices of which are stuffed with 
clay, and with an outer covering of boards. Between these two 
rooms stands a heavy stone chimney, furnishing a fire-place in each. 
A rude piazza extends across the whole front, its roof some distance 
below the eaves of the house, and supported by six slender sawed 
posts. The whole stands upon wooden blocks or underpinning; one 

1 1 



2 MEMOIR OF HUGH LA.WSON WHITE. 

small window is visible, while a simple step-ladder in one corner of 
the piazza is the stairway to the half story above. 

In this house lived the father of Hugh Lawson White, and here he 
brought up his family, during that trying period when East Tennessee 
was a wilderness of wild beasts and fiercer savages. General James 
AVhite was, in many respects, a remarkable man. He was of Irish 
descent, and during his earlier years was an inhabitant and citizen of 
North Carolina, where he married, and where his son Hugh was born. 
He served his country faithfully in the Revolutionary war ; afterwards 
removed with his famity to Fort Chiswell, in Virginia, and, finally, in 
1781, emigrated to Knox county, Tennessee, where he erected for 
himself the humble home just described, on the banks of the beautiful 
Holston. For himself — but also for a home and resting-place for 
every weary wanderer. From his hospitable door none were ever 
sent empty away ; and the more needy the applicant, the more cer- 
tain was he of enjoying a full measure of hospitality. 

Here his characteristic decision, energy, and philanthropy made 
him a leader among the few but determined spirits with whom his lot 
was cast. The privations and dangers to which all new settlers are 
exposed, seemed only to nerve him to greater exertions. The wild 
and boundless forests, their inhabitants, whether savage beasts of 
prey, or yet more savage red men, their enmities, their snares, their 
secret and open attacks, all failed to intimidate him. With his 
fellow-emigrants, he determined that the fertile valleys and rugged 
hills, the blue mountains and sparkling streams of East Tennessee 
should become the paradise of the white man. 

But enlarged and comprehensive as were his views and plans, and 
brilliant as were his anticipations, yet when in 1792, he founded the 
good town of Knoxville, he certainly could not have foreseen that 
within fifty years there would stand in the place of the gloomy forest, 
a large and populous city, with its many spires pointing to heaven, 
much less the triumphs of modern science. Little did he dream of the 
gallant steamers that were to plough the clear blue waters where then 
was seen only the Indian's bark canoe, or the rude raft of the trader. 
Little did he dream of the iron horse, rushing with wind-like speed 
along his fiery way, through the valleys and over tho hills. Nor 
could he even anticipate that almost within the half century there 
would be erected, not a hundred yards from the site of his own hum- 
ble cabin, a manufactory of the very window-glass which he considered 
cot only a useless superfluity, but a harmful luxury. 



GEN. JAMES WHITE. 3 

During his forty years' residence in Tennessee, Gen. White occupied 
almost every post of distinction in the gift of the people. He was a 
member of the convention chosen in 1785, for ratifying or altering the 
proposed Constitution of the State of Franklin; and preserved the 
independence and integrity of his character through the stormy scenes 
of its sessions. He was elected to the first Territorial Assembly at 
Knoxville, in 1794; and, while serving in that body, introduced a bill 
creating a literary institution; which measure was the origin of 
Greenville College. Statesmen, judges, lawyers, clergymen, men 
eminent in every variety of public station in Tennessee, date the 
bearinninor of their career in learning: from the day when, often as 
rude, awkward, penniless boys, they first turned their hesitating steps 
toward the modest tower and white spire of that institution, which 
gleamed so long with the light of science and religion over that beau- 
tiful landscape. Its memory now alone remains, inseparably blended, 
however, with that of the good men who gave it a name and power in 
the land. 

General White was also a member of the convention which framed 
the Constitution of the State of Tennessee — a legislative body whose 
disinterestedness is without parallel in our national history. By act 
of Assembly, each member was entitled to two dollars and a half per 
diem for services, and as much for every thirty miles of travel in going 
and coming. The convention first reduced this compensation nearly 
fifty per cent., and then, to show their disregard for mere pecuniary 
reward, voted unanimously to receive nothing. 

He was also, at a subsequent period, a member and speaker of the 
State Senate. In 1812, although now an old man, he again proffered 
his services to his country, in order to maintain the independence 
which in his youth he had assisted to establish. He was chosen 
Brigadier-General by the militia of Tennessee, and distinguished him- 
self in the Creek War. 

General White was admirably fitted by physical and mental con- 
stitution, for the times and circumstances in which he was placed. 
Strong, hardy and active in person, intrepid, cool and hopeful, he 
was ever ready to encounter any hardship or to brave any peril. On 
the 26th of June, 1791, Zeigler's Station, near Bledsoe's Lick, the rude 
defence for several families, was attacked by a large party of Creek 
Indians and burnt. Zeigler himself, who was intoxicated, and could 
not make his escape, was consumed in the flames; his three little 
daughters, together with Mrs. Wilson, General White's half-sister, were 



4 MEMOES OF HUGH LAWSON WIIITE. 

taken prisoners, and were afterwards ransomed by him. But his 
e, Miss Wilson, only nine years old, was hurried away by the 
savages, although twice redeemed from them. General White deter- 
mined to make a third effort to liherate her; and accordingly made 
the long journey alone on horseback, reached the Indian encampment 
in safety, a third time paid ransom for his niece, and feeling assured 
that all was now satisfactorily arranged, set out on his return home; 
his little charge, in the primitive style of those days, seated on his 
horse behind him. But his self-gratulation was short. He was soon 
overtaken by a friendly Indian, who told him that the treacherous 
Creeks, already repenting their bargain, had determined to way-lay 
and kill him ; and offered to guide him by a different route from that 
first contemplated. General White gratefully accepted his assistance, 
and was soon beyond the reach of his enemies ; while his savage ally 
returned to his companions, who, still in ambush, impatiently awaited 
the approach of their victims. When assured of their escape, they 
gave way to rage and disappointment ; and were only appeased by 
the adroitness of the fellow, who told them that the General was a 
good man, and therefore the Great Spirit had caused him and his 
horse to pass invisible. 

At another time, on his noble grey, rifle in hand, he leaped, uncon- 
scious of danger, directly over an Indian who was concealed behind a 
fallen tree with the express design of killing him. Apparently it was 
only Providential interposition that saved him. 

General White's bravery and military skill were fully tested during 
the hostilities of 1793, with the Creek and Cherokee Indians; and 
particularly, while he was colonel of militia in the "Hamilton Dis- 
trict," composed of Jefferson and Knox counties, by the coolness and 
tact displayed in the arrangements made by him to oppose an Indian 
invasion. This attack was contemplated by a force of savages nearly 
fifteen hundred in number, three-fourths Creeks, who intended to invade 
the settlements on the Holston, and to destroy Knoxville. The excuse 
for this attack, on the part of the savages was the cruelty practised 
by Major Beard on Hanging Maw, a Cherokee, and the murder of his 
wife, and of several other Cherokees. In the absence of Gov. Blount, 
Beard had been despatched by Secretary Smith, with fifty-six men, in 
pursuit of a party of Indians who had murdered a white family within 
sixteen miles of Knoxville; with instructions not to cross the Tennessee 
river, nor to invade the Indian settlements. He, however, violated 
these orders, and a failure by a court-martial to inflict punishment for 



GEN. JAMES WHITE. 5 

this violation, and thereby to satisfy the revengeful spirit of the red 
men, was the ostensible reason for the meditated invasion. The 
Spaniards having become allies of the hostile Creeks and Cherokees, 
had furnished them with ammunition for the occasion. As continual 
ravages by the Indians had long demanded active measures for the 
defence of the frontier, which the General Government, despite many 
and increasing complaints, neglected to take, the whites now at last 
determined to defend themselves against the constant inroads of the 
treacherous foe. The dauntless heroism exhibited subsequently, as 
well as upon the particular occasion now mentioned, is commemorated 
in an address delivered by Rev. Thos. W. Humes, on the fiftieth anni- 
versary of the settlement of Knoxville. 

"Their entire number," he says, speaking of the Indian forces, 
" has been variously estimated from nine to fifteen hundred, but was 
most probably about the latter. Knoxville, the object of plunder and 
ruin by this formidable band, and which the news of its coming had 
reached, could at that time muster but forty fighting men; but these 
forty were no cravens, to fly at the approach of danger, even though 
it presented itself in the terrible shape in which it then menaced them. 
Here were their homes, their families, their all ; and with an alacrity 
and zeal worthy of the crisis, they prepared to defend their firesides. 
A knowledge of Indian cunning, with other reasons, induced them to 
conclude that the approach of the savages to the town would not be 
made by the main western road, but in a more northern and circuitous 
direction ; and they determined to meet them on the ridge, over which 
the road to Clinton now passes, about a mile and a half from town, 
and there, by a skilful arrangement of their little company, attack their 
line of march, and, if possible, alarm and intimidate them. Leaving 
the two oldest of their number to mould bullets in the block-house, 
which stood on the spot now occupied by the Mansion House, and 
which contained three hundred guns belonging to the United States, 
the other thirty-eight proceeded, under the command of Col. James 
White, to station themselves on the north side of the ridge we have 
mentioned, with an interval of twenty feet between each man. Orders 
were given to reserve their fire until the Indians were brought within 
the range of every gun, when at a given signal, they were to pour in 
upon them a well-directed volley, and, before the savages could re- 
cover from their surprise, secure their own retreat to the block-house, 
and there, with their wives, mothers, and children around them, sell 
their lives at a fearful price, or scatter from the port-holes a shower 



C MEMOIR OF IIUGII LA.WSOX WHITE. 

of leaden hail among the besiegers that would drive them from their 
banquet of blood." Fortunately, neither of these contingencies 
awaited them.' The Indians were so delayed by their own dissensions, 
that they were unable to reach Knoxville before daylight, and, there- 
fore, abandoned the attack. This fact, however, detracts nothing from 
the cool and dauntless courage, and skilful and deliberate arrange- 
ments with which the citizens prepared for the attack. The Rev. Mr. 
Foster, whose quaint pen has recorded the event, has declared, that 
" an incident fraught with so much magnanimity in the early fortunes 
of Knoxville, should not be blotted from the records of her fame. Ifc 
is an incident on which the memory of her sons will linger without 
tiring, when the din of party shall be hushed, and its strife forgotten. 
Those men of former days were made of sterner stuff than to shrink 
from danger at the call of duty. And it will be left to a future his- 
torian to do justice to that little band of thirty-eight citizens, who 
flinched not from the deliberate exposure of their persons in the open 
field, within the calculated gun-shot of fifteen hundred of the fleetest 
runniiifj and boldest savages." 

General White endeared himself to all about him by the noble 
charity which he showered with bounteous hand upon the poor and 
needy ; a charity of which many instances are yet remembered. In 
that day grist-mills were few and far between. The General owned 
two ; and when grain was scarce throughout the country, he often 
refused to sell to purchasers, that he might give to those too poor to 
buy. More than once he loaned money without expectation of being 
repaid. When warned by his son, on one such occasion, that he might 
lose the amount thus advanced, he answered, " That is the very reason 
that I let him have it. If he were rich, he would need neither money 
nor friends. It is for the very reason that he is poor that no one will 
help him." The practical Christianity of this reply, and of such con- 
duct, might well be adopted as a rule of action in our own times. 

While expressing his pleasure at the rising prospects of the village 
he had founded, now the city of Knoxville, and in general at the 
happiness which he had been able to bestow upon others, he was told 
by his daughter that it might be well for him to remember the old 
proverb, that " Charity begins at home ;" and that he would have 
nothing left to give his children. " My children," he answered, " are 
independent. I love to aid those who really need assistance." Such 
sentiments are frequently enunciated ; but we rarely find them carried 
out in action so literally as they were by General White. 



GEN. JAMES WHITE. 



lie was by religious profession a Presbyterian; and a true and 
devout Christian. His family altar was faithfully served. It was one 
of his peculiarities that all the children were required to sing. On 
one occasion he noticed that a grandson who was present failed to 
observe this rule. " Why don't you sing, James ?" said the old gentle- 
man. " I can't, sir," was the reply. " Well, try ;" insisted his grand- 
father. James did try, but the result was a succession of sounds so 
hideous, that he was ever ai'ter excused from participating in that 
portion of the service. 

It would not be proper to close this brief sketch without some 
notice of Mary Lawson, General White's noble and devoted wife. She 
was slight and delicate in figure, but firm and decided in character. 
Like her husband, she was a devout and consistent Christian, and a 
steady Presbyterian ; and possessed of more than ordinary intellectual 
powers. She had courage equal to any endurance, and proved indeed a 
helpmeet for her husband in the many severe vicissitudes of their ex- 
perience. Often, when the Indians were prowling in the vicinity, and 
her husband was absent, she stood sentinel over her own home, rifle in 
hand. Often she spent whole nights in moulding bullets ; and she 
was habituated to similar hardships. 

General White was married in 1*7 70. His wife died before him, 
and he soon followed. They are united in a world far different from 
this, but for which, the trials of this were a fitting preparation. 



8 MEMOIR OF HUGH LAWSON WHITE. 



CHAPTER II. 



CHILDHOOD YOUTH — STUDIES. 



Hugh Lawson White, eldest son and second child of Gen. James 
White and Mary Lawson his wife, was born in Iredell county, North 
Carolina, October 30th, 1773. At the age of eight, he emigrated 
with his parents to Tennessee. From a combination of circumstances, 
these two States were more intimately blended and incorporated than 
any other two in the Union. At this period, Congress had not 
accepted the act of the Legislature of North Carolina, ceding to the 
United States her Western Territory, to assist in liquidating the heavy 
national debt incurred in the achievement of National Independence ; 
and the interests and feelings of the inhabitants of the two common- 
wealths consequently yet remained the same. North Carolina, however, 
failed to make adequate provision for the defence of the frontier and 
the protection of the Western settlers, and they were accordingly 
obliged to organize themselves and devise means of securing the safety 
of themselves and families. 

In the seasons of loneliness and peril incident to a life in the almost 
unbroken wilderness, while their father was absent on military duty, 
Hugh and his brothers were the only sentinels to watch, and to warn 
their noble mother when the savages approached their dwelling for 
plunder. And well and faithfully was the task performed. The 
family were often obliged to take refuge in the fort, upon which occa- 
sions Hugh always acted in the capacity of guide. This sometimes 
had to be done when the night was so dark that the person of the 
young leader was wholly invisible. At such times he was accustomed 
to mount a white horse and go before them, that by distinguishing 
the color of the animal they might be able to follow to a place of 
comparative safety. After the treaty of 1791, while the Indians still 
continued their depredations, stealing horses and cattle, and murdering 
the helpless victims that fell into their power, travellers frequently 
turned aside from the fatigues and dangers of their journey to enjoy 



YOUTH A3TD STUDIES. 9 

the hospitalities of General White's house. Their horses, which were 
belled and turned loose to graze, sometimes wandered to a distance ; 
when their owners often hired young Hugh and his brothers to seek 
them. In doing this he ran great risks ; and in such youthful enter- 
prises and exposures he learned and proved, even in early boyhood, 
the dauntless courage which so strongly characterized him in after 
life. 

Of the luxuries of civilization the family of General White, as well 
as their neighbors, were wholly deprived. Added to the other dis- 
comforts of their situation was the difficulty of obtaining bread ; there 
being at that time but a single "tub-mill" in the neighborhood. It 
was Hugh's business to act in the capacity of mill-boy, which he 
regularly did, despite the constant danger from lurking savages. 
And after his return home, he often found way-faring guests enough 
to dispose of all his meal ; whereupon, he and the rest of the family 
would make their repast of pounded hominy and milk. 

It will easily be seen that the circumstances of a youth passed amid 
such scenes must have precluded young White from the enjoyment 
even of such opportunities of study as are now offered to all. In the 
wild regions where he lived, refined and extensive scholarship was 
hardly known ; and existed, if at all, in the persons of some few whose 
acquirements were elsewhere made. He attended such schools as the 
country afforded, during the winter, laboring industriously upon his 
father's farm through the remainder of the year. In this manner he 
might acquire a knowledge of those studies which were necessary to 
qualify him for the competent discharge of the plainest practical duties 
of life, but nothing more. And if afterwards he rose to distinction, 
his success in so doing is one more example of the success of noble 
ambition, and honorable and unfaltering exertions victorious over sur- 
roundings the most unfavorable and disheartening. Though hundreds 
of miles from any college, he applied himself, at the age of fifteen, to 
the study of the ancient languages, under the tuition of Rev. Samuel 
Carrick, with some assistance from Mr. (afterwards Judge) Roane, 
both gentlemen and scholars of eminence. 

But these literary pursuits were soon and sadly interrupted. In- 
dian hostilities still continued. The inconveniences and sufferiuo-s to 
which the settlements were exposed by savage depredations, were 
extreme. Almost daily, reports were brought into the stronger settle- 
ments of the murder and scalping of men and lads, of the brutal abuse 
of women and children. The burning of Cavat's Station, in 1793, and 



10 MEMOIR OF HUGH LAWSON WHITE. 

the cruelties inflicted upon the settlers at that point by Double Head, 
^the Creek chief, and his followers, while on their way to attack Knox- 
ville (of the failure of which enterprise an account was above given), 
so effectually aroused the apprehensions and indignation of the whites, 
that a force of seven hundred volunteers was immediately raised for 
the pursuit and punishment of the marauders. At such a time, it 
was impossible for Hugh L. White to sit quietly over his books, 
congenial as literary pursuits were to his tastes and disposition. With 
native generosity and bravery, he abandoned his studies, and at the 
age of nineteen volunteered as a private soldier in the Indian campaign. 
Of the battle of Etowah, at which young White did good service, 
the following account is extracted from Ramsey's Annals of Ten- 
nessee : 

" Finding no Indians to attack at Estimaula, Sevier took up his line of 
march in the direction of Etowah, with the Coosa on the right. Near 
the confluence of these streams, and immediately below, was the Indian 
town, Etowah. The river of the same name had to be crossed before the 
town could be attacked. Eiring was heard in the direction of the town; 
and apprehending a general attack, Sevier judiciously ordered a halt, and 
sent forward a detachment from the main body against the town. By 
mistake of Carey and Eindleston, the guides, the party was led to a ferry 
half a utile below the fording-places, and immediately opposite the town. 
A few of the foremost plunged into the stream and were soon in swim- 
ming water, and pushing their way to the opposite bank. The main 
body, however, discovering the mistake, wheeled to the left, and rode 
rapidly up the river to the ford, where they crossed with the design of 
riding down to the town, and attacking it without delay. 

"The Indians, having previously obtained information of Sevier's ap- 
proach, had made excavations in the bank of the river nearest their town, 
each of them large enough for one man to lie with his gnn poised, and 
with a leisurely aim to shoot our men as soon as they came in sight. In 
these, the warriors were safely entrenched; but perceiving the movement 
of horsemen down the river, and suspecting some other project was de- 
vised against their town, they quitted precipitately their places of ambush, 
crossed the river, and hurried down on its other side to defend it. 

" A fortunate mistake of the pilots thus drew this formidable party out 
of its intrenohinents, exposed it in the open field, and left to the invaders 
a safe passage through that bank of the river so recently lined with armed 
men. But for this mistake, the horsemen could not have escaped a most 
deadly fire, and in all prohability, a summary defeat. But the method of 
fighting was now entirely changed. The crossing by the horsemen was 
too quickly done to allow the Indians to regain their hiding-places ; their 



EXPEDITION AGAINST TIIE INDIANS. H 

ranks were scattered, and the main body of them hemmed in between 
the assailants and the river. This done, the men dismounted, betook 
themselves to trees, and poured in a deadly fire upon the enemy. They 
resisted bravely, under the lead of the King Fisher, one of their most 
distinguished braves. He made a daring sally within a few yards of 
where one of the party, Hugh L. White, was standing, and the action was 
becoming sharp and spirited, when "White and a few comrades near him, 
levelling their rifles, this formidable champion fell, and his warriors im- 
mediately fled.* 

" The town was set on fire late in the evening, and the troops encamped 
near it. During the night they were attacked by the Indians. MdSTutt 
and Grant were standing as sentinels in an exposed point of the encamp- 
ment. The Indians approached stealthily upon them, and each of them 
fired. Grant was shot through the body, but ultimately recovered. 

"After the engagement the Indians made good their escape into the 
secret passes of the adjoining country. The army, after the town was 
burned, rescued from the places in which they were obliged to conceal 
themselves, Col. Kelly and the five horsemen who had swam their horses 
at the lower crossing. 

" Sevier having accomplished thus much of the object of the expedition, 
desired to extend his conquests to Indian towns still lower down the 
country. The guides informed him there was but one accessible path by 
which the army could reach these distant villages, and that it could be 
passed only under disadvantageous circumstances. Little hope remained of 
meeting the enemy in such numbers as to inflict upon the perpetrators of 
the mischief at Cavat's suitable punishment for their atrocities. They 
had been expelled from the frontier, the heart of their country had been 
penetrated, their warriors defeated and baffled, and their towns and crops 
burnt up and destroyed. Orders for the return march were given, and 
the army soon reached their homes in safety. This was Gen. Sevier's last 
military service." 

" The troops employed in this expedition" — we quote from Rev. Mr. 
Hume's address, above referred to — " were refused payment, on the 
ground that it was undertaken without authority from the President, 
and in violation of instructions from the Department of War to 
Governor Blount, forbidding offensive operations against the Indians. 
In 1796, Hugh L. White, who served in the campaign, petitioned 
Congress for remuneration, with the view of establishing a precedent 
that might apply to all his fellow-soldiers. In January, 1797, Andrew 

* Judge White shot the King Fisher. Yet such was his instinctive horror at the idea of 
destroying human life, that he could never endure to have the deed mentioned; and explicitly 
forbid Dr. Ramsey, the historian, so to state the fact in his "Annals." 



12 MEMOIR OF nUGII LAWSON WHITE. 

Jackson, from the Committee of the House of Representatives, to 
which the petition was referred, reported in favor of a provision by 
law for the payment of the troops." 

That this was not the only occasion upon which Hugh L. White 
displayed a lofty and honorable bravery in the defence of his country, 
we have the following testimony from the narrative of the same events, 
by one conversant with the history of those times of peril and suffer- 
ing. 

"It was about the year 1793 that a large body of Indians came into 
the settlements on Holston, murdered a family, and carried off* all the 
plunder which fell within their reach. A force was immediately 
raised to pursue them. Hugh L. White, then a youth under twenty, 
made one of the party. The battle was fought on the banks of a 
river whose current was rapid, and its crossing difficult. The 
Indians took advantage of this position, and attacked the white men as 
they passed the stream ; one detachment of the latter having rushed 
forward, rose the steep ascent, and were in the midst of the enemy at 
once, when an obstinate conflict ensued ; whilst the other party waited 
under the bank to form, where they continued until the battle was 
fought and won — until the war-whoops ceased to be heard, and until 
the report of the rifle died away in the distance ; then they formed a 
most excellent line, presented an unbroken front, marched boldly up, 
and deliberately took possession of all the plunder, to the last beaver- 
skin. When the fighting-men returned from the pursuit, White, who 
had been from the start amongst the foremost of them, found that 
one of these bauk-men, in his eagerness for the spoils of victory, had 
taken possession of his wallet of provisions, which had got lost in the 
scuffle. But he demanded that as his own right, and made him give 
it up." Upon this unimportant occasion, as often afterwards in more 
critical contingencies, young White, though he scorned to strive for, 
or to appropriate, any share of the spoil, contended obstinately and 
uncompromisingly for the full extent of the rights involved. 

During this expedition, while the Tennessee troops were encamped at 
Estimaula, on the Coosa River, a little adventure occurred, which gave 
quite unexpected evidence of the dexterous strength contained in the 
slender frame of our young soldier. Colonel Blair, of the Washing- 
ington District, had given to Colonel Christy, of the Hamilton Dis- 
trict, a sort of challenge, after the old Scriptural fashion of Abner's 
suggestion to Joab. " Let the young men arise and play before 
us." He said, in other words, that a certain man in his regiment 



PRIVATE SECRETARYSHIP. 13 

could " whip any other man on the ground." With this, of course, 
a wrestling-match was arranged ; and Colonel Christy appointed to 
the championship, on his part, Hugh L. White, who was by far the 
most delicate-looking man in the regiment. The challenger made 
his appearance ; his gigantic stature and brawny frame inspiring the 
stoutest with awe ; the combatants laid aside their coats, and entered 
the ring ; both regiments being quite confident that the victory was 
safe for the " bio-rrest bones." But, to the astonishment of all the 
slender White, after a long and doubtful struggle, overthrew his burly ^ 
antagonist, and retired with his laurels, amidst the shouts of the 
whole multitude. 

At the age of twenty, Hugh L. White was appointed Private 
Secretary to Governor Blount ; for his strong and elastic intellect, his 
habits of laborious application, and his determined practice of doing 
well and thoroughly whatever he undertook, had already rendered 
him conspicuous for talent and ability. Mr. Blount, in addition to the 
office of Territorial Governor, held the important and responsible post 
of Superintendent of Indian Affairs; which devolved upon him the 
management of all negotiations and transactions with, and concern- 
ing the Cherokee, Creek, Choctaw, and Chickasaw tribes. The duties 
of these two stations were arduous and complicated in the extreme ; 
requiring the most wise, patient, and skilful management. The 
Federal authorities restricted the Territorial Government to purely 
defensive warfare; and the settlements Avere but scantily pro- 
vided with able-bodied men. ^The Indian nations, however, were 
strong in numbers and in physical power. Naturally ferocious and 
relentless, their savage passions were, moreover, continually nourished 
and stimulated by the contrivances of Spanish and British traders, 
interested against the quiet and prosperity of the white settlers. In 
each tribe there was a minority which faithfully adhered to the 
United States. This circumstance produced continual dissensions 
and disputes among themselves, for the adjustment of which resort 
was had to Governor Blount. In all the intricate and critical duties 
of this active service, as well as in the accompanying heavy official 
correspondence with individuals and public functionaries, the young 
Secretary so faithfully and efficiently aided the Governor, as to secure 
to himself the life-long confidence and affection of that eminent man, 
as well as the esteem of his fellow-citizens of the Territory. 

Having thus borne himself with gallantry and honor during the 
war, young White, at its close, determined to pursue a course of 



14 MEMOIR OF HUGII LAWSON WIIITE. 

mathematical study at Philadelphia, under the supervision of Pro- 
fessor Patterson. But here a temporary difficulty arose. General 
"White, his father, although possessed of extensive and valuable 
landed property, was never, owing to his excessive liberality, a man 
of wealth, and could not, at the time, command the means necessary 
to accomplish the laudable desire of his son. It is due to the gene- 
rosity of General White's son-in-law, Colonel Charles McClung, to 
say that, in this strait, he kindly came forward and advanced the 
money necessary to complete the education of his brother-in-law. 

In 1795, Hugh L. White left Philadelphia for Lancaster, Pennsyl- 
vania, where he engaged with great zeal and energy in the study of 
the law, under the instructions of James Hopkins, an eminent coun- 
sel of that place. As a proof of his continued attachment to the 
people of Pennsylvania, after a lapse of thirty-two years, it may not 
be inappropriate to quote here an extract from a speech made at a 
dinner given to him in Knoxville, in 1827 : 

" I ask but one favor more, and that is, that you join me in a senti- 
ment, in relation to a people, who, next to those of my own and native 
State, I most esteem ; amongst whom I have spent a small portion of my 
early life, which I reflect upon with much satisfaction, because it was 
spent inoffensively and pleasantly, if not profitably. I offer you — ' The 
people of Pennsylvania. Modest and unpretending; too enlightened to 
be misled, and too virtuous to be seduced from Republican princi- 
ples.' " 



CHAPTER III. 



LAWYER AND JUDGE. 



Having completed the usual course of preparatory study, Mr. 
White returned to Knoxville, and in 1796 assumed a station at the 
Tennessee bar, with favorable prospects ; and very soon, if his con- 
temporaries may be credited, rose to a place which he maintained for 
years, at the head of his profession. 

After he had passed away from the busy scenes of time, one who 
knew him well, and was himself distinguished for more than ordinary 
talents, wrote in the following terms of his powers, both as a lawyer 
and a judge — 

" Judge Hugh L. White," he says, " was a remarkable man — remark- 
able for his eccentricities, and for the very high order of his moral 
and mental endowments. He had but little taste and care for polite 
scholarship and general .literature. His great superiority was, not in 
his moral integrity, which was equal to the very best any where to be 
found, for many first-rate moralists there are to equal anybody. His 
great eminence — the especial gift of God, and inherited directly from 
his mother, Mary Lawson, consisted in all those peculiar points of in- 
tellect, which made the lawyer and the judge. In this order of mental 
endowments he had not five equals in America, and perhaps but two 
superiors — John Marshall and John Haywood. The superiority of 
these two men over him, was the result only of circumstances. Like 
John Marshall, Hugh L. White was a great lawyer and a great judge, 
even without reading and without books. Naturally enough for him, 
he despised a 'case lawyer,' and still more, a mere case judge" 

During the following five years, he devoted himself assiduously to 
his studies and his business ; steadily increasing and extending his 
reputation for honesty, industry, and ability. The whole results of 
the professional efforts of those five years, eternity only can disclose ; 
but time has already developed enough to demonstrate that Hugh L. 
White is entitled to an overflowing measure of the purest and loftiest 

15 



16 MKMOIR OF HUGH LAWSON WHITE. 

fame which the noblest professional exertions of the lawyer can give — 
the fame of powerful benevolence — of earnestly and effectively pro- 
moting the welfare of his fellow-men. There are none who are con- 
versant with his own history, and with the history of East Tennessee, 
who cannot remember many irrefutable testimonies to his praise — 
tears of gratitude, shed by wives whose husbands his powerful argu- 
ments have saved from the hangman's rope, and blessings of children 
whose fathers have been preserved from the brand of blood-guiltiness. 
There are men even now living, whose powerful frames will heave with 
mighty emotion when they speak of him, who now rests so quietly from 
his labors ; not only because as a lawyer he argued their cases, but 
because as a kind and sympathizing friend he lifted them from depths 
of degradation and crime, and with words of kindly counsel, as well as 
by his own pure and lofty example, encouraged them to "go, and sin 
no more." 

The noble powers of his vigorous and elastic intellect, and the 
whole exertions of an uncommon faculty of steady and laborious 
application, were scrupulously devoted to the interests of his clients. 
1 1 is invariable punctuality to every engagement, and his faithfulness 
in the discharge of every responsibility gave him so strong an addi- 
tional hold upon the esteem and confidence of the community, that it 
would have been difficult to empannel a jury not already strongly 
inclined in his favor. This predisposition was always corroborated by 
his straightforward contempt for any advantages derivable from legal 
quibbles, even in advance of the weight of his argumentation, and the 
influence of the fervent earnestness with which he plead his cause. 

At the end of this short term of practice, Mr. White's legal acquire- 
ments and abilities had given him such a professional reputation, that, 
in 1801, at the early age of twenty-eight, he was elected Judge of the 
Superior Court, then the highest judicial tribunal in the State. Con- 
centrated and successful assiduity in the study of his profession had 
already, however, prepared him to perform with credit the important 
functions of this high station. Possessed of an eminently legal mind, 
he had equal or superior moral endowments. In the practice of law 
he had ever applied the principles of justice ; and had to an uncom- 
mon extent escaped the one-sided habits of thought, and incapacity 
of balancing both sides of a question, which is the common fate of the 
mere attorney. 

While on the bench, his intercourse with the members of the bar 
was marked by the kindliness and genuine courtesy which character- 



PUBLIC APPOINTMENTS. 17 

ized him in every relation in life. He assumed no personal nor official 
superiority, nor exhibited any favoritism or preference, unless such 
names could be applied to a constant readiness to aid and encourage 
the younger lawyers, and to afford them every fair opportunity of 
getting into notice and business. 

In 1809, Judge White was appointed District Attorney of the 
United States, but soon resigned tbe office ; for the reason, stated in 
a letter to James Madison, then Secretary of State, that he found it 
impossible to attend at once to the duties of the office, and to others 
which he considered paramount ; and that by the constitution of the 
State, he should, by acceptance of the Attorneyship, be precluded 
from taking the seat in the Legislature, to which he had been 
re-elected. 

In the same year the judiciary of Tennessee was organized anew, 
and a supreme court established, in which, although not a candidate 
for the office, he was appointed to preside. He held this station six 
years ; during which time he was continually associated with the most 
eminent men in Tennessee, and by the able and impartial discharge of 
his duties, gave universal satisfaction. The perspicuity, accuracy, and 
uncompromising honesty of his opinions raised him into such high 
and universal estimation, that his final resignation of his seat was 
received with great and unmingled regret. 

At the close of his appointment as Spanish Commissioner, in 1824, 
he was again unanimously appointed by the legislature, Judge of the 
Supreme Court of Errors and Appeals of the State of Tennessee, but 
declined the appointment, alleging in his letter of declinature to 
Governor Carroll, his feeble health, and the fact that his acceptance 
would compel a number of clients to seek new counsel ; thus, in his 
opinion, causing them more injury than would be compensated by his 
acceptance, with no fairer prospect of ability for the discharge of the 
duties of the office. This declinature is an honorable instance of self- 
sacrifice and devotion to the interests of his fellow-men. 

On more than one occasion Judge White was offered a seat on the 
bench of the Supreme Court of the United States by President 
Jackson ; but this appointment he steadily refused. This refusal may 
be considered fortunate, in saving Judge White from coming under 
any real or fancied obligations to the dominant political party, and 
more especially, as being the means of preserving a noble example of 
purity and high-minded disinterestedness where it certainly was 
needed — in the field of political action. 

9, 



18 MEMOIR OF HUGH LAWSON WHITE. 

A single short anecdote, relating to this portion of Judge White's 
public life, will naturally conclude this chapter. A law student, living 
at a considerable distance, had come to Knoxville for a license. 
Having heard much of the professional learning and ability of Judge 
White, he proceeded to his residence, and with great trepidation 
inquired for him ; thinking possibly that the judge would receive 
him " with his ermine on," and with an imposing display of official 
pomp. Being told that the Judge was at his farm, he went in search 
of him ; and discovering an individual very busily engaged in 
ploughing, inquired for Judge White. " I am the man, sir," was the 
answer. " I wish to obtain a law license," said the young man ; " and 
have come to be examined." " Well, sir," replied the Judge, " if you 
will be good enough to come down into the shade, I will attend to 
the business with great pleasure." So the Judge fastened his horse, 
selected a shady seat, invited the aspirant to another, subjected him 
forthwith to a searching examination, found him well qualified, invited 
him to partake of the hospitalities of his house, made out the required 
license, and returned to his plough-handle. 



CHAPTER IV. 



A STATE LEGISLATOR. 



In 1807, Judge White was elected a member of the State Senate; 
and re-elected in 1809. So acceptably did he perform the duties of 
this position, that he was a third time, in 1817, requested to resume 
it, which he consented to do, and was elected by a vote nearly unani- 
mous. During the session of 1807, he compiled the present state 
system of Land Laws, and procured their enactment ; a service for 
which all Tennesseans who remember the destructive frauds and 
violent and bitter controversies which were frequently attendant upon 
the old system, must still feel grateful. On this occasion he delivered 
his first political speech, which was acknowledged to be a production 
of great power and cogency. In 1817, he took charge of a bill intro- 
duced by Mr. Trimble, a member from Davidson county, taxing very 
heavily any banking institution which should attempt to do business 
in the State without a charter from it. The object of this bill, which 
was generally approved, and indeed passed almost unanimously, was 
to prevent the Directors of the United States Bank from establishing 
a branch bank in the State. We shall here proceed to narrate, though 
out of their strict order in time, certain subsequent occurrences relat- 
ing to this bill, for the sake of the connection, and to exemplify the 
State patriotism and disinterestedness with which Judge White could 
advocate the undefended cause of the absent, notwithstanding his 
dissent from their political opinions, and disapproval of their course : 
and that without sacrificing his own consistency or beliefs. Four 
months before the passage of this bill in the State Legislature, an 
application had been made for the establishment in Nashville of a 
branch of the United States Bank, which was signed by sixty of the 
most influential citizens of the town and its vicinity. At the head of 
this list stood the name of the Hon. Felix Grundy. In the face of 
this petition however the bill passed, to the entire satisfaction of a 
large majority of the people of the State, so far at least as could be 

* He received every vote but one in Knox county. 

19 



20 MEMOIR OF HUGH LAWSON WHITE. 

judged from the cordiality with which their representatives were 
received by them, and the number of them afterwards re-elected. 

This act of this body was prominently noticed in the Senate Chamber 
of the United States, as late as April 20th, 1838, when the Adminis- 
tration, influenced greatly in its general policy by General Jackson, 
was making powerful efforts to carry through its favorite scheme, the 
passage of " A bill to prevent the issuing and circulation of the bills, 
notes, and securities of corporations, created by Congress, which have 
expired." During the discussion Mr. Benton read a letter from 
General Jackson, dated Nov. 29th, 1837, in which, to manifest his 
utter aversion to the banking system, he denominated these sixty 
gentlemen, many of them his own friends and honest supporters, and 
some of them determined to stand by and defend his administration 
at all hazards, an " aristocratic few," attempting to carry their own 
ends, in defiance of the State authority. When subsequently Mr. 
Grundy in particular, and perhaps others of these gentlemen, appar- 
ently forgetful of having ever borne any part in the movement, thus 
so severely condemned by General Jackson, made war upon the whole 
banking system — " war," in Mr. Grundy's strong and emphatic lan- 
guage, " to the knife, and the knife to the hilt" — Judge White, though 
the main instrument in the passage of the law, in opposition to the 
wishes of the sixty, hearing them thus denounced upon the floor of 
the Senate, spoke in their defence. Although Mr. Grundy offered not 
a word of apology or explanation for them or for himself, Judge White 
exculpated them from the serious charge of attempting that which 
was expressly prohibited by the laws of their State, by showing that 
their petition was prepared and presented before the enactment of 
the law for taxing foreign banks doing business in Tennessee. During 
this debate, Judge White showed that General Jackson, in 1818, 
while that law was in full force, in anticipation of the establishment 
of this bank at Nashville, signed recommendations of two gentlemen, 
one for President, and the other for Cashier; thus lending to the 
scheme the sanction of his name, and even, in order that it might 
have its full weight, appending his former official title of "Major 
General, Southern Division"; to which, as Judge White insisted, he 
then had no right. During this forcible exposition of the varying and 
inconstant courses of men in high positions, Judge White also read a 
document transmitted to the President and Directors of the United 
States Bank at Philadelphia, dated in 1818, containing the proceed- 
ings of a town meeting at Nashville, and likewise a letter from the 



CONTROVERSY WITH MR. GRUNDY. 21 

Nashville committee of sixty, headed by Mr. Grundy, in which this 
same legislature is most contemptuously spoken of j from each of 
which documents we make an extract. The town meeting 

Resolved — " That it is the sense of this meeting, that the State law passed 
by the legislature of this State, in taxing banks to be established in this 
State by an authority other than the laws of this State, while the banks 
established by the authority of the State are not taxed, is impolitic and 
unconstitutional." 

The committee in their letter say : 

" In making this statement to you, we are influenced by what we 
believe a duty we owe to the character of Tennessee. For she has not 
been less uniform in her political principle, and inviolable attachment to 
the general government, than distinguished for her alacrity and prowess 
in defending the honor of the Union. And lest persons at a distance 
should suppose from her legislature having inconsiderably raised the arm 
of hostility against a great fiscal establishment of the general govern- 
ment, that her character was not to be confided in, we seize with pleasure 
every opportunity to show to the world that such conclusion is erroneous." 

There was also a private letter from Judge Grundy to this same 
bank at Philadelphia (which Judge Grundy admitted to Judge White, 
while in the presence of Col. Benton and others, to be a true copy) ; 
which Judge White read on the floor of the Senate, as follows : 

Nashville, February 14, 1818. 

"Dear Sir: From a knowledge that some acquaintance must have 
been formed between you and myself at Washington, many of my neigh- 
bors have frequently solicited me to forward to you a list of the names 
of fit persons to whom to confide the management of a branch bank of 
the United States at this place. I have heretofore declined it, nor should 
I at any time have said anything on the subject, had it not been for the 
puerile attempt of our last Legislature to prevent an establishment of a 
branch here altogether. The motives which gave birth to that measure 
were selfish, the policy contracted, and the views of such men cannot be 
liberal and impartial. Any number, from seven to thirteen, might be 
selected from the following, and the choice could not be a bad one. 
Jenkin Whitesides, Andrew Hays, Randall McGavocke, John P. Erwin, 
Thomas H. Fletcher, James Stewart, Felix Robertson, Robert Weakly, 
Elihu S. Hall, Alfred Balch, William Carroll, Thomas Hill, George W. 
Gibbs, Robert C. Foster, Samuel Zelford. 

" Those printed in italics are merchants; the others, substantial free- 



22 MEMOIR OF HUGH LAWSON WHITE. 

rs, and men of intelligence. A board of managers selected from 
them would, in my opinion, conduct the affairs of the institution with 
ability and integrity. Although you and the directors have a discretion 
as to number, between seven and thirteen, I would submit to you the 
propriety of the largest number. It may have an effect in keeping down 
that spirit of opposition which has hitherto manifested itself. 

"I have no fears that any attempt will be made to enforce the Ten- 
nessee law. Should there be, it will be re-visited with effect here, no 
concern need be felt on that subject. Should there be no impropriety in 
it, I should like to know when you will put the institution in operation 
here? and it would seem to me that some persons should be authorized 
beforehand to provide a house, &c. You will excuse me for the freedom 
of my suggestions. If unnecessary, they are harmless." 

Your obedient servant, 

Felix Grundy. 
Wm. Jones, Esq., President U. S. Bank, Philadelphia. 
"P. S. — Although this is addressed to you only, I have no objection 
to its being seen by any of the directors. 

F. G." 

Judge White then added, "This letter was written in 1818. It 
remained a secret in the hands, and for the guidance of, a directory of 
a powerful monied institution, from the time of its receipt, till 1835, 
without any one of those calumniated in it, having any suspicion 
that among their acquaintances there could be found a man, capable 
of thus stabbing their reputation in the dark. It was brought to 
light by the investigating committee, and from the time I first saw it, 
until now, I have never been able to think favorably of its author. 
The man who could thus treat me might deceive me once, but he never 
will a second time, unless, perchance, he should hereafter do some act, 
which comports with the character of an honorable man." Mr. 
Grundy was forced to make a rejoinder, which embraced a confession 
of having done all Judge White had charged him with doing — even 
to speaking, writing, reporting, and memorializing in favor of a U. S. 
Bank and of a branch institution at Nashville. In the following; June 
Mr. Grundy replied to Judge White's remarks, which he affected to 
repel with disdain and scorn, and attributed them to the predominance 
of prejudice and passion in the bosom of the latter. Judge White 
replied with much spirit and effect to Mr. Grundy's defence. " He 
hoped never to see the day when he would be obliged to take six 
weeks to prepare and con over an answer to any speech ; he regretted 
sincerely to know that his colleague had grown so deaf of late, as not 



DUELLING. 23 

to have heard the whole of his remarks. But," asked Judge White, 
" what is the substance of his reply, so long in coming ? Does he 
controvert a single fact? Does he attack a single position? Does 
he meet a single argument of mine ? Take his reply now and at the 
time my speech was delivered, and can you find in either, a single 
fact alleged by me, denied or controverted ? No, sir ! no discipline, 
no drilling can bring him to deny anything advanced. I will not 
take back a word (continued Judge W.) ; nothing but the character 
of this place prevents me from saying more : and my colleague has 
permission to believe that I have spoken out of the Senate, what I 
have spoken here." 

To this thorough exposition no reply was possible, and none was 
made. 

In the session of the Tennessee legislature of 1817, Judge White 
drafted an act for the prevention of duelling, which effectually pre- 
served that State from becoming the scene of this horrible and sense- 
less mode of indulging personal enmity. He held in utter abhorrence 
this wicked and desperate practice of setting at naught one's own life, 
the life of an antagonist, and the peace and happiness of the many 
interested on either side. His whole private and public life may 
attest his high sense of honor; but he would never admit that duelling 
is the proper means for its defence when assailed. He maintained 
that it required far greater courage to refuse to fight, in the face of the 
so-called "laws of honor" than to fight; and avowed himself deficient 
in that sort of courage which was requisite either to rush unbidden 
into the presence of his God before the appointed time, and without 
having finished the work assigned to him on earth, or to consign his 
fellow-creatures to a like destiny. His views upon this subject made 
a lasting impression throughout the length and breadth of the State. 
In East Tennessee, where he was best known, and exerted the most 
profound influence, an aversion to duelling is proverbial. Men ever 
ready to defend their rights, to protect the defenceless from all aggres- 
sions, or at an hour's warning to go forth armed at their country's 
call, shun the reputation of the duellist, and the crime of the duel. 

These measures, important and meritorious as they were, are only 
a few, selected from the many important services rendered by Judge 
White to his own State while a member of her legislature; although 
it is impossible in this place to do more than barely make allusion to 
the remainder. 



CHAPTER V. 

PATRIOTIC EPISODE WILDERNESS JOURNEY TO GENERAL JACKSON. 

In the spring of 1812, an Indian styling himself "The Prophet," 
belonging to the Northern tribe of Shawnees, who, partly instigated 
by the British, were making preparations for a war against the United 
States, despatched his brother Tecumseh to the Creek Indians, inhabit- 
ing the tract of country between the Chattahoochee and Tombigbee 
rivers, and extending from the Tennessee river to the Florida line, for 
the purpose of enlisting the Southern tribes in the same enterprise. 
After repeated conferences, Tecumseh succeeded in infusing into the 
minds of several of their most influential leaders a feeling of deadly 
hostility towards the whites. These chiefs, in turn, by their intrigues 
and harangues, at length aroused an insatiate desire for warfare in the 
majority of the nation. They resolved upon instant hostilities ; and 
savage incursions of the usual sudden and devastating nature ensued. 
Whole families were horribly butchered. All the frontier of Georgia 
and Southern Tennessee, at once became the scene of frightful out- 
rages ; and this cruel warfare was waged, not only against the whites, 
but also against such of the Creeks as were disposed to preserve their 
friendship with them. Many peaceable Indians were thus driven to 
take refuge with such settlers as they might have formerly befriended, 
or with whom they might otherwise have amicable relations. 

The treacherous massacre of Fort Minims, which took place 
August 30th, 1812, awoke a universal feeling of horror and violent 
resentment throughout Tennessee. Her legislature, which convened 
a few days afterwards, passed an act authorizing the Executive, in 
conformity with instructions previously received from the Secretary 
of War, to call into the field three thousand five hundred volunteers, 
and to commence a vigorous campaign against the enemy. To 
guard against all contingencies, two hundred thousand dollars were 
voted for their support. General Jackson, who was supposed to be 
better qualified than any other man in the State, having been appointed 



EXPEDITION TO AID JACKSON. 25 

| 

by the Governor to the command of the Second Division of Tennessee 
Militia, and having: received orders for immediate action hastened to 
cany them into effect. He accordingly set out early in October and 
was soon encamped on the borders of the enemy's country. 

Rumors of General Jackson's near approach to the Creek Nation, and 
of the strong probability that he would be opposed by a considerable 
body of Creeks, arrived almost daily at Knoxville. Then it was 
reported that he was surrounded with serious difficulties ; that his 
brave men were contending not only with the sons of the forest, but 
with famine and want, even to the extremity of sustaining life on 
" roots and acorns." Hoping to be able to render some relief to his 
countrymen in their distressed and destitute condition, Judge White 
left the bench, and with two other companions, the Honorable Luke 
Lea, and Honorable Thomas L. Williams, started for the wilderness. 
After several days and nights of perilous adventure, they reached the 
encampment of the East Tennessee troops, at Fort Armstrong on 
the Coosa, on the 13th of November. Here they learned from Gene- 
ral Cocke that owing to some disaffection among his troops, no junc- 
tion had been formed between the East and West Tennessee divisions, 
that for want of a messenger no communication had passed between 
them, and that General Jackson did not even know the reasons which 
led to General White's return from Turkey-town * Judge White 
expressed great anxiety for the fate of the West Tennessee division, 
and fear that they might be cut off, or very materially injured, for 
the want of that support which had been expected from the East 
Tennessee troops ; and offered to be the bearer of any despatches 
General Cocke might choose to send. He accordingly left on the 

* It is proper here to advert to the charges or insinuations of insubordination, or other 
sinister motives, which were made by General Jackson's biographers, at and since this time, 
against General W'hite, for joining General Cocke, instead of continuing on to join Jackson at 
Fort Strother, at the time alluded to in the text. The truth of the case was this : General 
White, having been ordered by Jackson to join him, undertook to put his force in motion from 
Turkey town, for that purpose; but discovered that the men would not obey such orders, but 
would return to General Cocke, instead, for the reason, alleged by them, that they and their 
horses would incur an imminent risk of starvation in the advance. This was not an unreason- 
able fear ; it is well known that General Jackson's forces at that very time were almost entirely 
disorganized from lack of provisions. Under these circumstances General Cocke decided to 
recall General White. He was influenced hereto, also, by the consideration that after this junc- 
tion, the superior morale of the troops under his own command would enable him to compel 
While's men to march anywhither ; and by the fact that the delay would enable him to pro- 
cu-° supplies. Instead of being sent, to Jackson, therefore, General White was detached in 
anothe-* direction, against the Hillabee Towns, where he did good service. Such being the case, 
the blame, if any, must rest with the rank and file and subordinate officers of General White's 
detachment, for refusing to encounter what they supposed would be serious danger of starva- 
tion; and not with their commander, who could uot compel the services of unwilling militia. 



26 MEMOIR OF HUGH LAWSON WHITE. 

morning of the 14th November, with both verbal and written 
despatches, and reached General Jackson's encampment on the 18th, 
at 12 o'clock. After consultation with General Jackson as to the 
best means of relieving him from his embarrassed situation, he 
returned to Fort Armstrong with important despatches from General 
Jackson to General Cocke, and remained until General White's 
detachment returned from the Creek Nation, and a junction was 
formed on the 8th December, between the two divisions at Fort 
Strother. It was then determined that he should return through the 
wilderness to Tennessee, and exert his influence in raising volunteers, 
and procuring provisions for the distressed and famishing army. 

He appealed directly to the patriotism of his brother-in-law, Colonel 
John Williams, commander of the 39th regiment, who, having raised a 
force of 600 men, had enlisted in the regular army, and was making 
preparations for an expedition to New Orleans. He told Colonel 
Williams that he had been commissioned by General Jackson, to 
represent to him " his condition as very deplorable, that his men had 
all abandoned him except his life-guard, and unless he came to his 
aid, the country would be overrun by savages, the inhabitants become 
victims of every species of cruelty, and the reputation of their State 
forever blasted." 

But Judge White's exertions did not end here. He remained with 
Colonel Williams nearly all night, using every means in his power to 
impress upon his mind the necessity of relieving Jackson's force. 
His importunities finally prevailed.* Colonel Williams acquiesced in 
his wishes ; wrote to the War Department, stating his intention to 
proceed to General Jackson's head-quarters, instead of to the South 
according to his previous instructions ; and upon learning that his 
plans were approved by the government, at once marched for 
the former destination, and arrived with his troops, February 6th, 
1814. 

On the 14th, they marched in quest of the enemy, and reached 
the village of Tohopeka on the 2 7th, where they found a strong force 
of Indians, a thousand or twelve hundred in number, awaiting their 
approach; upon which there ensued the most desperate engagement 
of the whole war, the bloody Battle of the Horse-Shoe.f 

The intrepidity and firmness of the 39th regiment, the skill 

* Colonel Williams said that Judge White's arguments and persuasions used to him at this 
time, were altogether superior to anything he ever heard from him at the Bar. 

t General Jackson, in expressing his gratitude to Col. W., after the engagement, remarked, 
•' Sir, you have placed me on the road to high military fame." 



AID TO JACKSON. 27 

of their commander, Colonel Williams, the aid of the friendly Indians 
under Colonel Gideon Morgan, and of Captain Russell's company 
of spies, decided the hard-fought battle ; which gave a death-blow to 
the hopes of the enemy, and brought the war to a successful termi- 
nation. 

While absent on this expedition, Judge White missed several terms 
of his court. By the laws of Tennessee the Judges were paid only 
in proportion to duty performed. The legislature, however, in con- 
sideration of the services he had rendered to General Jackson, 
passed a resolution that there should be no deduction from his 
salary. But he declined the gift ; refusing to receive more than that 
for which he had rendered actual service. He said that " his country 
was in distress ; that the aid he had rendered was without the hope 
of reward, and that he would receive none.'' 



CHAPTER VI. 



A FINANCIER. 



Before resigning bis seat on the Supreme Bench in 1815, Judge 
White was elected President of the Bank of Tennessee. Fortunately 
for him, his early habits of labor and activity had so strengthened his 
constitution, which was naturally delicate, as to enable him to endure 
an immense amount of bodily and mental fatigue. In order fully to 
discbarge his numerous and important duties, he was at this time 
accustomed to rise early, take breakfast by candle-light, and be in 
town at bis post, by dawn of day, usually riding to and from his 
duties. He was fond of horseback exercise, and always rode fine 
horses, and with great ease and grace. His command over them was 
extraordinary. One morning while acting as supreme judge, he was 
riding into town from the eastern entrance (all who are acquainted 
with the location of Knoxville, know something of the hilly ascent). 
Near what was then denominated the " Spout Spring," he came across 
a man driving a wagon, very heavily loaded. It was during the 
winter season ; the roads heavy, the hill very steep, and the driver 
not very well skilled in the management of his horses, which seemed 
much more inclined to descend than to ascend the elevation. Many 
persons were collected on either side of the street, whose object seemed 
to be rather to observe, than to render aid. Judge White sat for some 
minutes on his horse, closely scanning the operations. He finally dis- 
mounted, and offering his assistance, took the lines, mounted the 
saddle-horse, and by his skill as a driver, quickly carried the load and 
horses to the top of the slippery hill. 

His high qualifications as a financier were fully established by the 
success of the bank; "such was the wisdom of his management, tbat 
its paper was always equal to specie, as it was 'lifted' with silver and 
gold when presented for payment; indeed, it was the only instance 
for several years of a bank paying specie in the Western country. 

28 



PRESIDENCY OF BANK OF TENNESSEE. 29 

The stock of this bank never depreciated, but was always equal to any 
bank stock in the Union." 

In July, 1827, Judge White resigned the office of President as well 
as Director of the bank ; his reasons for this course are given in a 
letter to the directors of« the bank, June 30th, 1827. We need not 
insert them here. It is, however, proper to substitute the following 
statement of the Directors in reference to this transaction, which is 
found in the Register of July 18th, 1827 : 

" The Bank of Tennessee commenced its operations on the 30th day of 
November, 1812. Hugh L. White has been the President thereof ever 
since. He has repeatedly and earnestly desired, that he might not be 
elected either a Director or the President, but the stockholders have 
uniformly been desirous to retain him and avail themselves of his 
services. From the 30th day of Nov., 1812, to the 10th day of January, 
1815, he received no salary or compensation whatever for his services. 
On the 9th day of January, 1815, the stockholders allowed him an 
annual salary of one thousand dollars, which continued till the 1st of 
January, 1820, at which time it was increased to fifteen hundred dollars 
per annum. 

"On the 31st of March, 1821, he was appointed a Commissioner under 
the Florida Treaty with Spain, which appointment he continued to hold 
until the 9th day of June, 1824, a little upwards of three years. When 
the Commission was not in session, his attention was devoted to the 
business of the bank ; and although this was the case, he uniformly 
refused to receive any salary for his services, and never has received one 
cent for any services he rendered the bank between the 31st of March, 
1821, and the 1st day of July, 1824. About the last of October, 1825, he 
was elected Senator of the U. S. ; and since his election, he has uniformly 
given his attention to the business of the bank when he was not neces- 
sarily absent, and during the whole of this time, that is from the 31st 
Dec, 1825, to this date, has received from the bank for his services, only 
the sum of three hundred and seventy-five dollars, equal, barely, to one 
quarter's salary. From the first organization of the bank to this time, it 
has uniformly relied upon him, for all the legal advice the Directors 
needed, which he has uniformly given, for which he has never demanded 
or received one cent in compensation. Any suits to which the bank was 
a party, when the business could be done at Knoxville, he has attended 
to as a lawyer, for which he has never asked or received one cent. 

" He is not a borrower of money from the bank to the amount of one 
dollar, and is an endorser on one note only, and that for barely three 
hundred dollars. 

"The bank has uniformly had the use of his private funds for nothing. 
He has, in many instances, taken journeys upon the business of the bank, 



Andrew McMillan, ) T , ™ 7 
II. A. M.White, '\ Lat ' Clerks ' 



30 MEMOIR OP HUGH XAWSON WHITE. 

when a confidential person was necessary, and in no instance has he 
received any compensation whatever for any such services. 

"Given under our hands at Knoxville, the 27th day of June, 1827: 

Litre Lea, Cashier. John Crozier, 

William Park, Ex-Cashier. John Hillsman, 

James Park, 

David Campbell, }■ Directors. 

Calvin Morgan, 

Robt. King, 

James Dardis, 
Joseph C. Strong, Former Director." 

This home testimony, from neighbours and men of standing, well 
acquainted with the circumstances of the case, and from different political 
parties, is entirely reliable ; and its statements strikingly illustrate the 
lofty purity of Judge White, and his unselfish devotion to the interests 
of his fellow-citizens. We have here the case of a man who performed 
the onerous and responsible duties of a leading Bank officer three 
years for nothing; three years more for nothing also, but this time 
while the salary of fifteen hundred dollars only awaited acceptance; 
for a year and a half more, for three months' salary ; who declined to 
receive such sums, not on the ground that he had not done the work, 
but for the unprecedented reason that he had been in the receipt of 
contemporary income for public services rendered during the same 
period ; who, under these circumstances, having also transacted the 
law business of the bank without fee or reward, obtained accommoda- 
tion from it not even to the extent of a single cent, raised no money 
by its help, nor, except as endorser upon one single small note, aided 
others to do so. Such indifference to pecuniary gains usually esteemed 
perfectly legitimate, and at the same time such active and untiring 
efficiency in the discharge of these unpaid duties, is very rare in this 
or any country. Whether such conduct be considered a lofty 
exertion of virtue, or, as by Judge White himself, the mere perform- 
ance of ordinary duty, it is not here assumed to decide. But in 
either event, its rarity at least is the same : and that alone entitles it 
to a careful record. 

To show that Judge White's character in this respect was appre- 
ciated abroad as well as at home, are given a few words from the 
United States Telegraph, published about the time of his resignation 
of the Presidency of the Bank: 



ANECDOTES OF JUDGE WHITE. 31 

"Few men in any age have possessed more of that incorruptible 
integrity which places public men above private scandal. We venture to 
assert that no other man who has been so long associated with any 
monied institution in the country, can deserve as much as the officers of 
this bank have said of Judge "White. We take pleasure in recording this 
evidence of his Roman virtues." 

One or two anecdotes, kindly furnished by Dr. Ramsey, the well- 
known historian of Tennessee, will further illustrate the home reputa- 
tion and influence of Judge White, as a safe and reliable financier. 

"When in 1836 the books for the subscription of stock in our great rail- 
road enterprise were first opened in Knoxville, we who were appointed 
commissioners for that purpose, experienced great difficulty in obtaining 
subscriptions. We found few willing to adventure anything ; some 
objecting to the whole scheme as wild, visionary, and impracticable. 
On the evening of the last day of subscription Judge White was sent for. 
We exhibited to him our meagre list of subscribers, and the inadequate 
amount of stock. He made a few sensible remarks on the subject, and 
added that elsewhere, when citizens had not the money on hand unem- 
ployed, they used their credit. He proposed the formation of an associa- 
tion of twenty, of which he would himself be one, to subscribe to the 
enterprise. The association was at once formed, nineteen of us joined 
him, with him subscribing $200,000, and thus securing the charter at 
the very end of the time to which the commissioners were limited by 
law. His example and influence thus saved the charter." 

When the Bank of the State of Tennessee was chartered (I believe in 
1813) some one was needed to go to the East to have the necessary 
engravings — plates &c, prepared to put the bank in operation. The 
task was then herculean — there were no stages — much less steamboats 
and railroad cars. The long journey was to be performed on horseback. 
Younger men shrunk from the undertaking. His professional duties at 
home scarcely allowed him to leave the State. But mounting his horse 
he rode to the Eastern cities — had the engravings made — the bills struck 
— looked into the forms of financiering which were then all unknown in 
the West — and with the whole machinery of the first Bank of Tennessee 
about his person and in his portmanteau, he returned to Knoxville in so 
short a space of time, that the expedition was considered quite a remark- 
able adventure. 

I may as well here add one word of his financial ability. At that 
time gold and silver were the only circulating money in the State, banking 
in the West was in its infancy ; and to put a State institution into suc- 
cessful operation among a people strangers to a paper currency and 
prejudiced against the credit system, required fiscal talents of the first 



32 MEMOIR OF HUGH LAWSON WHITE. 

order. But his strong common sense, his far-seeing discernment and 
his unquestioned probity succeeded in overcoming the seemingly insur- 
mountable difficulties which he encountered. The parent bank he man- 
aged in person at Knoxville, established several branches elsewhere, and 
a sounder currency no State was blessed with while he managed its 
finances. 

The following is an instance of the careful punctuality with which 
Judge White superintended even minute details of Bank manage- 
ment. 

Believing that "example is better than precept/' and being a man 
of few words, Judge White generally acted instead of talking. While 
he was president of the Bank of Tennessee, he accompanied his 
daughters to a ball, given in Knoxville. Luke Lea, who was cashier 
at the time, and a single gentleman, was also present. When the 
hour for dispersing came, the Judge went to Mr. Lea (whom he found 
at the card table, with a number of other gentlemen, engaged in a 
game of whist), and said, " If you are not going to leave this place, 
give me the key of the bank, and I will act as guard myself." Mr. Lea 
answered that he would go immediately to his post, and remain there. 
The Judge, after seeing his daughters home (two miles in the country), 
fearing Mr. Lea mis:ht become so absorbed as to nejrlect or become 
forgetful of his duty, mounted his horse, and returned to town. He 
went first to the bank, but finding no one there, he repaired to the 
ball-room, and there found Mr. Lea still at the card table. Without 
saying one word, he stepped forward and demanded the key. Against 
this Mr. Lea remonstrated, but the Judge was inexorable. He could 
not be induced to abandon his intention of remaining all night, 
which he actually did. 

Mr. Lea, who became distinguished for business habits, and for 
great uprightness and integrity of character, says this was the most 
effectual rebuke he ever had. It was a lesson he never forgot. 



CHAPTER VII. 

SERVICES UNDER THE GENERAL GOVERNMENT, AS COMMISSIONER 
UNDER THE TREATY WITH SPAIN. 

When Florida was ceded to the United States in 1819, the latter 
agreed to exonerate the Spanish Government from all future claims 
on account of depredations committed during the war of 1812 by- 
Spanish subjects upon property of her citizens; and likewise that 
those citizens should be indemnified to the amount of the purchase 
money ($5,000,000) for all loss or injury originating from the doings 
of foreign cruisers, agents, consuls, or tribunals, in the Spanish terri- 
tory, which might be imputable to the Spanish government. It was 
to ascertain the amount of valid claims under this treaty, that Judge 
White, Hon. Littleton W. Tazewell of Virginia, and Governor King of 
Maine, were appointed Commissioners by President Monroe, in 1821. 

In 1820, from too close application to business, Judge White's 
health had begun to decline ; and it was feared that he must inevi- 
tably become a victim of the dreadful disease which afterwards proved 
such a terrible scourge in his family. He therefore changed in some 
measure his habits of living, partly gave up business and retired to 
his farm, where by his remarkable energy of will, in planning and 
pursuing a course of judicious exercise, he succeeded in regaining suffi- 
cient strength for undertaking the laborious task assigned him by this 
commission. During this temporary relief from the pressure of his 
many cares, he was in the habit of walking or riding over his farm, 
once every day. During one of these excursions, an incident occurred, 
trivial in itself, but not without results of some personal importance to 
him. One morning, while visiting his plantation two miles distant from 
his residence, he had occasion to walk a log which lay across a creek. 
The weather was very cold, and the log covered with ice. His foot 
slipped and he was plunged into the stream, which was of sufficient 
depth completely to immerse him. His clothes immediately became 
frozen, and in this condition he rode home, changed his dress, and 

3 33 



34 MEMOIK OF HUGH LAWSON WHITE. 

went to bed without delay. All were apprehensive, that, in his 
delicate state of health, this accident would prove fatal. But the 
excitement threw him into a profuse perspiration, and having slept, 
he arose as well as usual. He was ever of opinion that this circum- 
stance cured him, for from that time forward his health began to 
improve. 

Although Judge White held many important trusts in his own 
State, and was known there as a profound jurist and able statesman, 
yet he had never held office under the general government until he 
received this appointment under the treaty with Spain. Some idea 
may be had of the arduous duties of the position he had now assumed, 
when it is recollected that the commission only lasted for the short 
space of three years, and that the whole immense amount of claims 
had to be received, examined, and decided upon, according to the 
principles of justice, the laws of nations and the stipulations of the 
treaty between the high contracting parties.* The Intelligencer 
says : " The praise of ability, assiduity, and devotion to business will 
be conceded to this board; and it is admitted that the President 
could not have made a more judicious choice of persons to execute 
this arduous trust." 

In reference to the manner in which that trust was executed, Mr. 
Tazewell thus expresses himself in a letter to the writer, dated Nov. 
15th, 1853: 

" The duties of this commission proved to be very burdensome ; much 
more so than either of us had anticipated. Many reasons combined to 
induce us to endeavor to complete it within the three years prescribed 
by the statute as the term for the continuance of the commission. To 
enable us to accomplish this work with more facility to ourselves, we took 
lodgings in the same boarding-house, to the end that our conferences 
might be more conveniently held ; and labored at our task indefatigably 
until it was finished. It would not become me to say how the duties of 
the commission were discharged. But it is due to Judge "White to state 
that whatever of good may have been done by it, ought to be ascribed 
mainly to his patience, industry and excellent judgment." 

During these three years, Judge W. lived on terms of great inti- 
macy with Mr. Tazewell, and contracted a strong friendship for that 
thorough lawyer and profound thinker. This friendship was warmly 

* The Hon. Daniel Webster is said to have reoeived $75,000 for prosecuting claims before 
tlds Board. 



SECOND COMMISSIONEKSHIP. 35 

reciprocated. Says Mr. Tazewell : " When we parted in Washington 
after the close of the Florida commission, in 1824, it was in the pain- 
ful belief that we should not probably ever meet again. In this, 
however, we were mistaken. The death of one of the Senators of 
Virginia in the Congress of the United States produced a vacancy in 
that office. To fill that vacancy I was elected by the legislature of 
this State ; and I returned to my old lodgings in Washington, in the 
latter end of 1824, to enter upon the duties of this new station." 

" Judge W. was not a member of the Senate when I first entered 
that body. But the next year, 1825, Gen. Jackson, then one of the 
Senators of the State of Tennessee, resigned his seat, and Judge W. 
was- elected as his successor, and his votes while in that body prove 
that he was a Republican of the ' most straitest sect.' And this evi- 
dence was amply confirmed, by every sentiment I ever heard him 
utter, whether in private or public." At the close of the session of 
1831-32 they parted — Mr. Tazewell having resigned his seat in the 
Senate ; and although Judge White continued in that body eight 
years afterwards, they never met again. It was during one of the 
recesses of Congress that the hand of affliction was laid heavily upon 
them both. Each lost a grown-up son ; and their meeting at the 
commencement of the next session is described by one who witnessed 
it as very affecting, neither being capable of utterance, but both giving 
vent to their feelings in floods of tears. 

If any further evidence is needed of the high estimation in which 
the legal ability and statesmanship of Judge W. were held, it appears 
in the selection of himself and Judge Burnett of Ohio, on the 19th 
Nov., 1822, by the Government of Kentucky, as Commissioners to 
adjust the military land claims of Virginia. The Commissioners 
appointed on the part of Virginia, were Benj. W. Leigh and Wm. 
Gaston of North Carolina. His association with such men in the 
discharge of such highly responsible duties, is a sufficient proof of 
his great reputation for solid and reliable sagacity and integrity, as 
well as of professional acquirements. 



CHAPTER VIII. 

SENATORIAL CAREER PANAMA MISSION FEDERAL JUDICIARY. 

Thus far, Judge White has been presented to the reader chiefly as 
a local jurist and politician. He will now appear as an actor in more 
important and interesting scenes; in which his life and acts are inter- 
woven with national interests, and become portions of national history. 
Nor can his character be adequately estimated without a full view of 
the manner in which he discharged the duties of his elevated station 
in the National Legislature. 

When General Jackson resigned his seat in the Senate of the 
United States, in 1825, Judge White, being then fifty-two years of 
age, was elected for the remainder of his term, and continued to fill 
the place until 1840, being thrice elected not only by a unanimous 
vote, but without having solicited the office. Even at his entrance 
upon the duties of his position he brought much weight of character 
into our national councils, acquired by the punctual and faithful dis- 
charge of all the responsibilities which had before that time been 
imposed upon him, by unyielding integrity, and by his well-known 
sound and safe habits of investigation, decision and action. 

The fifteen years of Judge White's senatorship belong to a period 
of more stormy and thrilling interest than any in American political 
history, since the adoption of the Constitution ; a period of party 
reorganization, and reform and re-direction of public policy, effected 
and opposed, amidst the most reckless and impassioned political war- 
fare. During all the mighty conflicts of principles and opinions, 
interests, parties and men, which made the Senate during Jackson's 
administration a chosen arena for the combats of intellectual giants ; 
during the memorable conflicts upon the Mission to Panama, Internal 
Improvements; during the great struggle to establish Mr. Clay's 
" American System," the critical battle with Nullification, the desperate 
contest with the United States Bank, and also during all the collateral 
and contemporary minor debates that crowded every session, Judo-e 
36 



SENATE — PANAMA MISSION. 37 

White was often upon the floor, and in every struggle sustained his 
part fearlessly, honorably and well. He was a disciple of the old 
Republican school ; of the school of Jefferson and of Jackson, and in 
accordance with the views of the statesmen of that school he discussed 
all the questions of the day ; and whatever external differences 
he may have had with others of his own political belief, to the 
declared principles of that belief he adhered firmly and consistently to 
the last. 

In 1826, during the administration of John Quincy Adams, was 
introduced the question, now almost forgotten, of the Panama Mission. 
This was debated in Congress, upon motions to send accredited Min- 
isters from the Government of the United States to a proposed Con- 
vention of the Republics of North and South America, to be holden 
upon the Isthmus of Panama. This Convention, was to discuss and 
determine, if possible, commercial and international principles and 
courses of action in a free and liberal manner, such as was befitting 
the joint action of free nations. Its objects were noble, and such as 
temporarily to enlist an overwhelming popular feeling in favor of the 
mission. The purposes for which it was claimed that the United 
States should participate in the Congress were represented to be 

1. To establish liberal international commercial regulations. 

2. To determine and agree upon a doctrine of maritime neutrality. 

3. To establish the doctrine that " free ships make free goods." 

4. To establish the "Monroe doctrine," so called; of preventing 
European interference with American national action. 

5. To advance religious liberty. 

6. To conciliate the good will of our American co-nations, by 
accepting their invitation and aiding in their deliberations. 

This was an administration measure, and was opposed by the great 
mass of the opposition, then already organized as the Democratic 
party. Judge White, as an opposition speaker, delivered against it 
on the 26th of March, 1826, a speech which discussed the general 
principles brought up in the course of the debate (which was secret, 
although afterwards allowed to be published) ; and which was pro- 
nounced " the ablest exposition of the powers of government made 
during the whole discussion." 

After showing that the question was whether the Senate should 
advise this mission, and also that the not advising it ought not to 
give offence to the nations inviting it, Judge White said, speaking 



38 MEMOIR OF HUGH LAWSON WHITE. 

upon the report of the committee of the Senate, adversely to the 
Mission : 

Mr. President : "Were I to be advised by my feelings I should remain 
silent, but when I reflect upon the relation in which I stand to the report 
now under consideration, a sense of duty compels me to submit to the 
Senate some of the views which my mind has taken of this subject. 

The only question L-, the expediency of the Mission to Panama. The 
President has distinctly asked of us an opinion upon this question. 

Our advice is to be given as freemen, not as slaves. In this course we 
serve the Executive, maintain the dignity and independence of the Senate, 
and promote the best interests of the United States. If the mission should 
not be advised, we give no cause of offence to the Spanish American States. 
The evidences heretofore given of our friendship for them, in acknow- 
ledging their independence, and interposing our good offices to effect it, 
ought to shield us against any suspicion of unfriendly feelings towards 
them, at present. The President will likewise comply with the only 
promise made to those who have tendered the invitation, his acceptance 
of it having been conditional " if the Senate advise," &c. 

The subject is then fairly before us, for the exercise of our best judg- 
ment, without a fear that any promise of the Executive will be violated, 
should the Senate disagree with him in opinion : but even if this were not 
so, we could not without a shameful dereliction of duty, offer anything, 
as our advice, but the result of our best judgment. 

The first reflection upon this subject, is produced by its novelty. Since 
the acknowledgment of our independence, it has no precedent in our 
history. This ought to beget caution and circumspection. 

If this mission should be advised, a new era will have commenced 
in the history of our foreign relations. Peace with, and good-will 
towards all nations, entangling alliances with none ; has been our car- 
dinal policy, in the time past. It was recommended by the Father of 
our Country — repeated, and practised upon, by his republican successors. 
"When given, we were few in number, comparatively poor, and insignifi- 
cant, in the scale of nations ; now, we are twelve millions ; rich in men, in 
means and in character. Our prosperity has surpassed the most extra- 
vagant calculations of the most sanguine amongst us. 

In our late contest with the most powerful nation in the civilized 
world, unaided by, and unallied to, any other nation, we furnished con- 
clusive evidence, both upon the ocean and upon the land, that we are 
able and willing to defend the rich inheritance derived from our ancestors. 

The sincerity of our conduct in our intercourse with other nations, and 
a careful abstinence from all interference in their concerns, united to our 
determined and successful resistance to lawless encroachments upon our 



SPEECH ON PANAMA MISSION. 39 

rights, have given us a proud name throughout the nations of the earth. 
Happy at home, and respected, abroad, why should we change the policy 
by which these blessings have been obtained? 

We ought not to advise it, except to obtain some lasting and important 
tenefit for the United States, certainly attainable in this mode, pro- 
bably to be attained in no other ; but never from sympathy for others, 
from a desire to serve them, or from a desire of gratifying national 
vanity. 

"We are then naturally led to inquire into the objects expected to be 
obtained, and the probability of accomplishing them in this mode. 

Here we cannot fail to perceive how difficult it appears to have been, 
for those who gave the invitations, to fix upon any subject for discussion, 
which they believed of sufficient importance to the United States, to 
induce them to accept those invitations ; hence, both the Minister from 
Columbia, and from Mexico, introduce the idea of subjects "which the 
Congress may give rise to," &c. 

How can the Senate advise the President to send Ministers to discuss 
unknown subjects? to accomplish objects which no person can desig- 
nate? and in relation to which it is impossible to say whether their 
attainment would comport with the honor and interest of the United 
States, or not? Suppose those giving these invitations had specified 
no subject whatever for discussion, but had asked the attendance of 
our Ministers, to discuss, and come to an agreement, upon such subjects as 
the Congress might give rise to ; is there any one member of the Senate, 
that would advise a mission upon such an invitation ? "Would it not be 
thought both useless and hazardous ? 

To these questions it would seem to me there can be but one answer. 
Fond would he be of the creation of officers, and heedless of the honor 
and interest of his country, who would advise the appointment of Minis- 
ters to a foreign country, to attend a Congress for the purpose of seeing 
whether a subject could be produced that might be proper for an agree- 
ment with the United States. I will not degrade the Senate by supposing 
there is any such man among us, and will proceed with this investigation, 
as if no allusion had been made to any unknown subject, which could 
neither be designated, nor described. 

The first subject mentioned is, the resistance or opposition to be made 
to the interference of any neutral nation in the war of Independence, &c. 

This appears to be a point of primary importance, in the estimation of 
all concerned. Let us calmly and dispassionately reflect upon it. Six of 
the former Spanish American Colonies have declared themselves indepen- 
dent of Spain, and to maintain this independence, have put at hazard 
their lives and their fortunes. Spain asserts that they are still parts of 
her dominions, that she has the right to govern them, and that, cost what 
it may, she will reduce them to subjection. The decision of this issue is 



40 MEMOIR OF HUGH LAWSON WHITE. 

submitted to the God of battles. These six colonies have become six 
States, and are belligerent on one side, and Spain on the other. Hereto- 
fore these States have exerted their strength separately without any regu- 
lar alliance with each other, although they have had a common enemy to 
contend with. The belief, that it would conduce to their common inter- 
est, and best secure that independence for which all are contending, has 
induced five of them to enter into treaties, by which they are bound to 
make common cause against Spain, and by their united efforts, to compel 
her to acknowledge the independence of each. To produce union in 
council, and concord in action and design among the new States, they 
have devised the Congress at Panama. It is to be perpetual. Its primary 
and leading object is belligerent. Its secondary and inferior objects and 
duties are peaceful. The first subject, then, which will claim the atten- 
tion of this Congress, is some plan, by which the independence of each 
State, will not only be maintained, but secured. 

A fear has been entertained, that some European power, now neutral 
in this war, will be induced to unite with Spain, and lend her assistance 
to reduce these States to the condition of colonies. They wish to pro- 
vide against such an event, and in giving these invitations, they state, that 
they have a pledge from the President, and that there is an accord between 
them and the Cabinet at Washington ; that if any neutral power does 
take part with Spain, the United States will take part with them ; and 
wish the attendance of our Ministers with a view to discuss the subject, 
and come to an agreement in relation to it, by which it will be stipulated, 
what contingent each party shall furnish when the casus fcederis shall 
occur ; and they say, that in the meantime this agreement or convention 
may be kept secret. 

Mr. President, I object to sending ministers for the purpose of discuss- 
ing and coming to any agreement or convention upon this subject. It is 
not true, as far as I am advised, that the United States stand pledged to 
take part in this Avar in any event whatever. Nothing can bind us to 
go to war with any nation, but a declaration made in the proper form, 
and by the proper department of this Government. The Executive can- 
not declare war, but I admit he may pursue a course of policy which 
will justify other nations in making war upon us. Congress has taken no 
step, has done no act, has passed no law, by which we are bound to 
unite with these new States in their war of independence, upon any con- 
tingency whatever. The Executive had no power to bind the United 
States by any pledge he could give. But what has he done ? The ground- 
work of this pretended pledge, it seems, is found in President Monroe's 
Message of December 1823. It contains no pledge — it is a general decla- 
ration to his own Congress, of the sentiment which would be felt if any 
neutral should interfere on the side of Spain. Notwithstanding that dec- 
laration, the United States were still at liberty, consistently with their 



SPEECH ON PANAMA MISSION. 41 

honor, to take part with the new States, or omit to do so, as the wisdom 
of Congress might judge best, when any neutral power did take part with 
Spain. This declaration had a good effect. Not wishing to give offence 
to the United States, it may have prevented some of the European States 
from taking part with Spain. The new States have had the full benefit 
of this declaration. Thus the matter appears to have rested, till the close 
of Mr. Monroe's Administration. Since the new Administration came into 
power, it seems, that upon the appearance of a French fleet in our seas, 
some of the new States called upon the Executive to redeem the pledge 
which had been given. Upon this application, in place of correcting the 
mistake upon the subject, it would appear from the documents with 
which we are furnished, the Administration admitted that which I do not 
see was the fact, that a pledge had been given, and directed Mr. Brown, 
our Minister in France to ask an explanation, &c. Upon this point, how- 
ever, I think we are still in the dark ; we have no copy of the application 
from the new States, nor of our answer to them. These documents 
would have shown how far our new Administration have gone towards 
compelling us to take part in this war. It is very singular, that after all 
the calls for information which the Senate have been compelled to make, 
upon this important business, there is still a want of documents, that 
would probably be useful. But if we are at liberty to judge from the 
correspondence between Mr. Poinsett and the Mexican Minister, and 
from Mr. Secretary's letter to Mr. Poinsett, it does really seem that the 
Executive has admitted to Mexico, that we have given a pledge, which 
we may be called on to redeem, whenever the contingency shall occur.* 
Of this pledge, the people of these States are yet uninformed. I feel per- 
suaded they have no idea we stand pledged upon any contingency to 
embark in the war with these new States, whether it may comport with 
our interest or not. This is an inadvertence which cannot be corrected 
too soon. If we send Ministers and an agreement is entered into, then 
indeed, will the United States be pledged. "We now know the object. 
We see the predicament in which we are placed, and with this know- 
ledge, if Congress can be induced to give its sanction to this measure, 
and this pledge of the Executive is refined into an agreement, by which 
the United States shall be bound to furnish men, money, ships, &c, in aid 
of the new States, whenever any power, now neutral, may choose to take 
part with Spain, then, indeed, shall I think this nation has given a pledge, 

* Mr. Poinsett's letter to Mr. Clay, 28th September, 1S25: 

" To these observations I replied, that against the power of Spain they had given sufficient 
proof that, they required no assistance, and the United States had pledged themselves not to 
permit any other power to interfere with their independence or form of government ; and that 
as in the event of such an attempt being made by the powers of Europe, we would be com- 
pelled to take the most active and efficient part and to bear the brunt of the contest, it wa3 
not just, that we should he placed on a less favorable footing, than the other republics of 
America, whose existence we were ready to support at such hazards." 



42 MEMOIK OF HUGH LAWSON WHITE. 

one that it may cost us too much to redeem, when the casus foederis shall 
happen. 

But, sir, how is it that we are told our neutral character is not to he 
compromitted ? that we are not to enter into any alliance? to engage in 
nothing importing hostility to any other nation? Are we to be led 
away from the substance of things by mere names ? Are we to have so 
much faith as to induce us to disregard the plainest evidence that can be 
furnished? I hope not. What is the substance of this proposition? 
These new States say, the President has given a pledge to take a part in 
the war now waged, if any neutral nation shall take part with Spain ; 
and that the Cabinet at "Washington has done the like : but, as this is 
only a general pledge, and they do not know exactly what assistance 
they are to receive, they wish the United States to send Ministers to 
Panama, empowered to discuss this subject, and come to a definite 
agreement upon it, by which it may be distinctly known what contingent 
the United States are to furnish, when the casus fmderis happens, 'and 
that all this matter shall be kept secret. 

Suppose we do send Ministers, for such a purpose, to a Congress com- 
posed entirely of belligerents on one side, is it not a violation of our 
neutrality ? "What is our situation ? "We profess friendship for both the 
parties to this war, and that we are not disposed to aid either. Is it no 
departure from the professions to send our Ministers? Can any gentle- 
man doubt upon this point ? Recollect that this Congress is created and 
assembled avowedly for the purpose of discussing war measures, settling 
plans, and devising means, by which Spain shall be compelled to 
acknowledge their independence, and by which that independence can 
be best secured. 

"With this knowledge, and for the purpose of entering upon the 
discussion, and making an agreement, by which we will be bound, upon 
a certain contingency, to aid the party with whom we make the agree- 
ment we send our Ministers. Can we be called indifferent ? Counte- 
nancing neither, to the prejudice of the other? Surely not. What is 
the answer to this argument? The only one as yet attempted is by the 
gentleman from Rhode Island, that if two nations are at war, it is no 
breach of neutrality in a third Power to send a Minister to both, or 
either. This is very true, and yet it proves nothing, as it relates to the 
question now in dispute. For peaceful purposes — for any purpose 
unconnected with the tear — the third power may send a Minister, may 
discuss, may treat upon any peaceful subject ; but, does this prove 
that you may send a Minister to the Court of one belligerent to 
discuss belligerent questions, to advise one party what steps he is 
to take in the war, whether it is most prudent to strike his adver- 
sary at a given time, or in a given quarter? Surely not. And yet 
this is the very point which gentlemen on the other side must main- 



SPEECH ON PANAMA MISSION. 43 

tain. This part of the subject has been placed by the gentleman 
from South Carolina on ground which cannot be shaken. His argument 
has not been answered. It never' will be, while there is a distinction 
between truth and the reverse. 

Mr. President, I go one step farther, and insist, if you do send Minis- 
ters, and they discuss this subject, and enter into the proposed agreement, 
so far as you have power over the matter, your neutrality is not only 
broken, but you are in a state of war, and that with any and every 
power that is now neutral, and may hereafter elect to take a part with 
Spain. This is a dilemma from which we cannot escape, without dis- 
grace. Send Ministers, make the agreement — and the question of peace, 
or war, is not with us; and, at any moment afterwards, any European 
or even an American nation can put you at war, Avhether it may suit 
your interest or not. 

I object to sending Ministers for the discussion of any such subject, or 
for the accomplishment of any such object. Even if we believed that 
such a state of things would probably be produced, as to make it proper 
for us to take a part in this war, I would still be opposed to any agree- 
ment by which we will become bound to do so. It is impossible now to 
foresee what may best comport with the interest of the United States at 
any subsequent period ; and they ought to be left free to act, unfettered 
by any agreement whatever, as their interest or honor may require, 
when some other power does actually interfere. 

It is vain to say, we are not to take a part in any belligerent question ; 
that our neutrality is not to be violated ; that we are not to engage in 
anything importing hostility to any other power, while this proposition 
is presented to us. One of the Ministers who gave the invitation classes 
the subject to be discussed into belligerent and peaceful, and states that 
the United States are not expected to take any part in the first ; but, in 
the last, they are, and in this class, he specifies this very subject. Does 
this make it peaceful ? Surely not. It is belligerent. I admit it is not 
an absolute stipulation to take part in the war, and, therefore, some may 
feel justified in saying it does not import hostility; yet, it is undoubtedly 
an agreement to take part upon the happening of a certain contingency. 
It will import hostility upon a certain condition, which contingency or 
condition is not within the control of the United States. 

After remarking upon the failure to transmit to the Senate certain 
information in regard to the feelings of the European cabinets in 
relation to any attempt to wrest Cuba from Spain, Judge White 
proceeded with observations by no means unimportant or unseasona- 
ble in their bearing upon subjects at this very day exciting a lively 
interest in the public mind. IIo said, on this point : 



44 MEMOIR OF HUGH LAWSON WHITE. 

These colonies (Cuba and Porto Rico) are convenient to the new 
(South American) States ; which having expelled their enemies from 
their own territory, will probably stimulate a portion of the inhabitants 
of those Islands to rebel, to declare themselves independent of Spain, 
and by uniting their forces with those revolted subjects, endeavor to put 
down the Spanish authorities in those Islands. "What consequences are 
likely to flow from such a measure? Russia probably, and France 
almost certainly, would then immediately take part with Spain, in the 
war. From the documents, we have evidence that they would have 
strong inducements to interpose immediately. It is their wish that 
Spain should retain her dominion over those Islands, because then that 
balance would be kept up in the seas where those Islands are situate 
which those powers think ought to be preserved.* 

Again : all monarchs, and these in particular, would feel an interest to 
check this spirit of revolt ; if not put down, none of them would feel 
safe ; and while aiding Spain, they would be rendering more secure their 
own dominions. To lend assistance would be esteemed by them a prin- 
ciple of self-defence. Lastly, these new States have told us, even now, 
they suspect that France is secretly furnishing Spain the means of con- 
tinuing the war. Spain tells you France is her friend — that " in six 
troubles she has stood by her, and that, in the seventh, she will not for- 
sake her ;" and from the connection between these powers, at home, 
it is rendered extremely probable, that the opinions entertained, both by 
the new States and Spain, as to the policy of France, will turn out to be 
correct. Suppose, then, you sanction this mission, your Ministers discuss 
this subject, come to an agreement upon it, stipulate that if any neutral 
power interferes on the part of Spain, that the United States will take 
part with the new States, and Russia and France do thus take part with 
Spain, the casus foederis will then have happened, and the United States, 
in connection with the Spanish American States, will thus become one 
party in the war, and Spain, Russia, and France the other, and how or 
when it will terminate, no man can foresee. 

In this state of things what is to become of our own important inter- 
ests, our commerce for example, to secure which we seem so anxious? 
Great Britain is ever attentive to her own interest, watching the course 

* "She is, however, in the mean while, pleased to hope, that the United States, becoming 
every day more convinced of the evils and dangers that would result to Cuba and Porto Rico 
from a change of Government, being satisfied, as Mr. Clay has said in his dispatch, with the 
commercial legislation of these two Islands, and deriving an additional motive of security 
from the honorable resolution of Spain not to grant to them, any longer, letters of marque, 
will use their influence in defeating, as far as may be in their power, every enterprise against 
these Islands, in securing to the rights of his Catholic Majesty constant and proper respect in 
mai n ta i nin g the only state of tilings that can preserve a just balance of power in the Sea 
of the Antilles, prevent shocking examples, and, as the Cabinet at Washington ha3 
remarked, secure to the general peace salutary guaranties." — Count Nesselrode to Mr. Middle- 
ton, 20th Aug. 1S25. 



SPEECH ON PANAMA MISSION. 45 

of events, and turning tliem to the advantage of her own subjects. Even 
now, some fear she is at this Congress, not as a party but as a listener, and 
will gain some advantage by our delay: how would she probably act? 
She would take no part in the war. She would be neutral,' the United 
States belligerent ; and what then becomes of your commerce ? It will be 
engrossed by your neighbor, who has been attending to her own interest, 
while you have been seeking distinction by neglecting your own concerns, 
and attending to those of other nations. 

But, sir, if in this I mistake the course of Great Britain, and she 
should elect to take a part in the war, it would probably be on the side 
of Spain, and then we should have our difficulties increased to the full 
extent of her means and resources. 

To this view of the case, I beg the attention of the gentleman from 
Rhode Island, and respectfully ask an application of the rule of " proba- 
bilities," and then let him say whether this Congress is so harmless, and 
whether, in his judgment, we have nothing to apprehend? 

There are other views of this subject which render it inexpedient to 
sanction this measure. 

This agreement or treaty is to be kept secret. By the frame of 
our Government, treaties are to be the supreme law ; would it be discreet 
to have a treaty, by which the United States may be involved, concealed 
from the People ? It is their Government, it is their interests, that are 
at stake, and nothing material ought to be secreted from them. 

Again, such an arrangement would be inconsistent with our charac- 
ter for candor. We owe it to ourselves to do no act, to make no agree- 
ment, that we ought to be unwilling to avow. 

The very circumstance of a desire to conceal is a proof that the project 
is inconsistent with our professed neutrality, and would be justly offen- 
sive to Spain and to other nations. 

After showing that it was inconsistent with the dignity of the 
United States to stipulate with other nations, according to that article 
of the Panama programme, which provided for mutual agreement 
that no contracting State should suffer European colonies to be 
planted within its borders, Judge White proceeded to another sub- 
ject, also absorbingly interesting at this day, as follows : 

Mr. President : I pass to the next subject specified. It is to discuss 
and agree upon the means to be employed for the entire abolition of the 
slave trade. Of all subjects that could be thought of, none would be 
found more unfortunate than this. It was hoped, that, after rejecting 
the convention with Columbia upon this subject, the Senate would have 
no more of it from foreigners. If slavery is an affliction, all the Southern 
and Western States have it, and with it, their peculiar modes of thinking 



46 MEMOIR OF HUGH LAWSON WHITE. 

upon all subjects connected with it. In these new States, some of them 
have put it down in their fundamental law, " that whoever owns a slave 
shall cease to be a citizen." Is it then fit that the United States 
should disturb the quiet of the Southern and Western States, by a dis- 
cussion and argument with the new States, upon any subject connected 
with slavery ? I think not. Can it be the desire of any prominent 
politician in the United States, to divide us into parties upon the subject 
of Slavery ? I hope not. Let us then cease to talk of slavery in this House ; 
let us cease to negotiate upon any subject connected with it. The United 
States have by their own laws put an end to the slave trade so far as 
their citizens, or their vessels, are concerned in it — more than this, they 
ought not to attempt. Let other nations discharge their duty as well, 
and the slave trade, so called, will be abolished. 

One word more upon this point, Mr. President, and I Avill dismiss it. 
If there be any gentlemen in the United States, who seriously wish to 
see an end of slavery, let them cease talking and writing, to induce the 
Federal Government to take up the subject, because, by the course now 
pursued by some, they are postponing a measure, whose accomplishment 
they profess a wish to hasten. Whenever the States in which slavery 
exists, feel it as an evil too intolerable, move towards its removal 
at home, and apply through their Legislatures to this Government for 
aid to abolish it, then, and not sooner, we may discuss it within these 
walls. 

We are invited to attend and settle " the basis of our relations to Hayti," 
and others, that may be in like circumstances, &c. 

Will gentlemen tell us whether a Representative from Hayti is invited 
to attend this Congress? It appears to me that it will be very unfair 
to settle this question, when that Government is unrepresented. It is 
therefore most probable, her Minister is to be there likewise. Reflect, 
Mr. President, upon the population of that country, and upon that of 
a portion of our own, as well as upon the peculiar modes of thinking in 
Spanish America, and then let honorable gentlemen say whether they 
think this will be a fit subject for discussion. It is a question which the 
South American statesmen must settle for themselves and by themselves. 
Our situation, in relation to this subject, is so peculiarly delicate, that I 
cannot suppose any real friend to the Union, would propose that it should 
be settled at the Congress of Panama. The suggestion of such a project 
may be readily excused in a foreigner, but in an American citizen it 
would be inexcusable. 

Upon the proposition to establish an American system, Judge 
White remarked, with solid and profound wisdom : 

The Minister from Central America proposes, that at this Congress 
an American Continental System shall be got up, as Europe has one. 



SPEECH ON PANAMA MISSION. 47 

Let us bestow a few thoughts upon this subject, and see to what it 
tends. In Europe, the object of their system is to make common cause 
to support monarchs on their thrones. 

The contrary would be, to make common cause to secure in America 
a Republican form of government to each nation. Our fundamental prin- 
ciple is, that every nation ought to be permitted to have just such a form 
of government as the people of that nation may think best suited to their 
condition, and best calculated to secure their lives, liberty, and property, 
and that, in settling their forms of government, no other nation has any 
right to interfere. 

"We find fault with the European system, and with the Holy Alliance, 
because it is their object to fix monarchy upon the people of the respec- 
tive States, whether the majorities in those States are pleased with such 
governments or not. Are we then to combine with other States, to com- 
pel each one to preserve a republican form of government, whether they 
will it or not? "We believe, and I flatter myself truly believe, that ours is 
the best plan of government which has yet been devised ; but, if it is the 
best for the people of these United States, does it thence follow that it 
would be the best for every other nation ? 

Ours is the best for an intelligent and virtuous people ; but it does not 
thence follow, that it would be best for an ignorant and vicious people. 
The people of each country ought to understand their own character bet- 
ter than the people of any other country ; and they ought to be the ex- 
clusive judges of what plan of government is best suited to their peculiar 
character and condition, and any interference by the people of any other 
country, to force upon them a form of government which they do not 
themselves choose, is an act of tyranny and oppression. The whole pro- 
ject, then, is wrong in principle and therefore ought not to meet our 
sanction. 

Again, we are only in the course of experiment at home. Whether our 
plan is as perfect as it ought to be, is at this moment a subject of discus- 
sion over the way. We are endeavoring to improve it, and hope to ren- 
der it so perfect that we shall be pleased with it for ever : yet, even we 
may change our minds upon that subject, and if we do, we shall claim the 
right of changing our government likewise. Let us then not be too 
hasty. Are we sure our politicians are well acquainted with the charac- 
ter of our own people upon all points? It would be unreasonable to 
suppose them intimately acquainted with every peculiarity of character 
in each of the Spanish American States. Without this knowledge, we 
are not in a situation to form an opinion on this subject. Their true char- 
acter is yet to be developed. The war must be finished first. A foreign 
enemy may have kept them in a state of internal peace. Remove the 
idea of this foreign enemy, and we cannot foresee how soon discord and 
bloodshed may ensue among themselves. Even the other day, in one of 



48 MEMOIR OF HUGH LAWSON WHITE. * 

these States, we saw considerable resistance made to some of their laws. 
Let us then afford time for a thorough development of character, before 
we identify our fate with theirs to too great an extent, upon this, or any 
other point. But, again, in Europe, they have a continental system, and 
therefore we are to get up a countervailing one in America. "We are to 
have a system opposed to a system ; the friends of each endeavoring to 
make proselytes; in what will this course terminate? In warm words, 
if not in blows. It leads to discord and war. "We have extensive com- 
mercial intercourse with the powers of Europe, as well as with those of 
the new States. Our interest consists in peace and friendship with all ; 
let us not rashly adopt a course calculated to disturb our harmony with 
either. To preserve our own liberty ; to better the condition of our own 
citizens; will furnish sufficient employment for our own most enlightened 
public servants, and let us not suffer any one, from a vain desire to fill an 
uncommon number of pages in our own future history, to influence us to 
such an interference in the concerns of others, as will put in jeopardy 
those of our own people. 

After examining the other proposed objects of the mission, Judge 
White proceeds to exhibit the danger from such uncontrolled powers 
of appointment as would seem to exist in the Executive, if the nom- 
inations were to be confirmed. 

Another point, however, is not to be lost sight of. I have, Mr. Pres- 
ident, upon this argument, been endeavoring to maintain, that this mis- 
sion is inexpedient. Upon one of the incidental questions which we have 
heretofore partially discussed, I had the honor of making to the Senate, 
some observations upon a question first suggested by a gentleman from 
Kentucky, and afterwards enlarged upon by the gentleman from Vir- 
ginia. It is this— is there in truth, any vacant office to fill with the 
persons now nominated ? I have insisted there is not, that we have be- 
gun this business at the wrong end. In our government we can have but 
two sources from which offices can be created. The one is the Consti- 
tution, the other statutes made by Congress. These offices are not cre- 
ated by the one, or by the other. By the Constitution, the President, by 
and with the advice and consent of the Senate, can appoint ambassadors, 
and other public ministers, &c. 

Under this provision, the President has the power, with the advice and 
consent of the Senate, to appoint an ambassador, or any other public 
agent, recognized by, and known to the laws of civilized nations ; but as 
to all other offices, they must be created by some statute of the United 
States, before any person is nominated to fill them. The sole question 
upon this point, then, is, are such ministers as those now proposed, known 
to, and recognized by the law of nations ? I deny that they are. The 



SPEECH ON PANAMA MISSION. 49 

Congress is created by treaties, among the Spanish American States. It 
is contended by gentlemen on the other side, that it has no attribute of 
sovereignty attached to it — if this be so, then you cannot, by the law of 
nations, send any ministers to transact business with such a body. If you 
do send them, it must be in virtue of some treaty, or by virtue of some 
statute of the United States. In this instance, there is neither the one 
nor the other. Therefore, there is no office as yet created, and until one 
is created, neither the President alone, nor he, with the advice of the Sen- 
ate, can, consistently with the Constitution, proceed to fill it. 

The fair way to have taken the sense of the nation upon the expediency 
of this mission would have been to have consulted Congress, in their 
legislative capacity, on the propriety of the mission, by asking an appro- 
priation to defray the expenses of it, and stating the objects expected to be 
obtained by it. The subject would then have come fairly before the 
representatives of the nation, who would have discussed and decided 
upon its expediency with open doors. If affirmatively decided, the offices 
would have been created by statute, and tben the President could have 
nominated characters, which he deemed suitable to fill them, and upon 
these nominations, the Senate would have acted in their executive capa- 
city, and advised the President whether, in their opinion, these men 
were or were not, suitable persons to fill these offices. But here the 
order of things is reversed — the Senate has been called upon to discuss 
and settle the expediency of this mission, upon mere nominations to 
office, and if the nominations should be confirmed, then we are to pass a 
law in the shape of an appropriation bill, by which, the offices will, for 
the first time, be created. The injustice of this course, to the minority 
on this question, and to the nation, is obvious. Upon the nominations we 
have been constrained to act with closed doors, the nation has no knowledgo 
of the facts upon which our opinions rest, nor of the reasons in support 
of those opinions. Little do they suspect that principles of such vital 
importance are involved in this decision. 

I have again mentioned this point, not intending to argue it the second 
time. I mention it because, if a majority — thus irregularly, I might 
say — in my opinion, unconstitutionally — determine that this mission is 
expedient, I must and will, entertaining the opinion I now do, vote 
against any man, who has been, or can be nominated, because I will not 
agree to fill any office which I do not believe has the sanction of either 
the Constitution or law of the United States for its creation. 

The result of the discussion was that the nominees of the President, 
Messrs. John Sergeant, of Pennsylvania, and Richard C. Anderson, of 
Kentucky, were confirmed, by a vote of 24 to 20. But they were 
never sent upon their errand, for the Congress was never held. And 
the effervescence of popular interest in the scheme rapidly dying 

4 



50 MEMOIR OF HUGH LA.WSON WHITE. 

t 

away, the " sober second thought" of the people resulted in a general 
acquiescence in the sound and moderate views of Judge White and 
his fellow opponents to the mission. 

At the time of Judo-e White's entrance into the Senate there Avas, 
and had for some time existed, throughout the Western States, a very 
just cause of complaint, in the unfair apportionment of the United 
States Judiciary Districts. In nine of the Western States, the deci- 
sions in the United States Courts were rendered, either by a District 
Judge alone, or with very little and cursory assistance from the 
Circuit Judire ; a state of thino-s which caused the administration of 
justice in those States to be both slower and more erroneous than in 
the remaining fifteen, by reason of the action of a single judge, and 
of the necessary shortness and infrequency of the terms in each 
circuit. Upon Judge White's first entrance into Congress, his atten- 
tion was given to this subject. W T ith great difficulty a bill passed the 
House of Representatives, creating three additional circuits, and 
requiring three additional judges of the Supreme Court. It was sent 
to the Senate, and then to the Judiciary Committee, who amended it 
in two particulars; making it the duty of the three additional judges 
to reside in the new circuits, and secondly, changing the distribution 
of the different States from that proposed in the original bill. These 
amendments passed the Senate by a very large majority. Of the ten 
Senators from the five States of Kentucky, Ohio, Indiana, Illinois, and 
Missouri, only three w r ere in favor of the distribution made in the bill 
from the House. That body, however, refused to agree to either of 
the Senate amendments, the Senate adhered to both, and thus the bill 
was lost. Judge White voted with the majority. His former 
position at the bar, and on the bench, enabled him to appreciate the 
wants of the Western country in this particular, and he did not 
slumber over them. At the next session, he again brought the 
subject before Congress in a speech, showing the inequality as to the 
administration of justice under which the Western States had been 
laboring, and arguing that the evil ought to be remedied ; and used 
his endeavors to have it acted on, but for want of time the subject was 
then postponed. 

Judge White's remarks on this subject, furnish a clear analysis of 
the wants of the West in the particular under consideration, and 
intelligent views of the operation of residence or non-residence upon 
the professional ability and success of a judge ; and contain so many 
suggestions of permanent value upon the practical duties of the judi- 



JUDICIARY APPORTIONMENT. 51 

cial office, as to justify the insertion of portions of bis speech, 
delivered April 11, 1826, that is, during that one of the two sessions 
above referred to, in which the Senate and House failed to agree upon 
a bill to meet the wants of the West in the required reformation of 
the courts. 

Judsre White said : 

If it could be shown that the remedy proposed to obviate the incon- 
veniences complained of in those sections of country, would be injurious 
to the whole Union, he ought not to expect, or to wish, that their special 
inconveniences should be removed to the injury of the whole community. 
The subject on which we are about to legislate is, in my mind, one 
of infinite importance. "We are about to pass an act in relation to a 
department of the government which every man feels and ought to 
understand. It is in vain we enact good laws unless they are well admin- 
istered. It is that department of government which operates directly 
on the persons and property of individuals who happen to be citizens of 
the United States, so far as the jurisdiction is local, or so far as it relates 
to the internal concerns of the citizens of the respective States. So far as 
it may operate on general principles it is still more important — therefore 
have I heard with great attention everything that has been urged by gen- 
tlemen who are opposed to it, and I shall still be glad to hear all further 
objections that can be urged. 

"We cannot judge whether the alteration will be beneficial or injurious, 
without first making ourselves acquainted with the inconveniences which 
are supposed to exist. Till we are acquainted with the disease we can- 
not tell what will be a suitable remedy. I think I can, if favored with 
the attention of the Senate, if not already satisfied on that point, satisfy 
them that the disease lies much deeper than the gentleman from Rhode 
Island seems to suppose. I paid great attention to the argument, and he 
seems to think, so far as I can understand it, that the main grievance 
which we are called on to remedy, is the delay which takes place in the 
Supreme Court of the United States. He has not even, in bis excellent 
argument, given the most distant glance at the situation of that section 
of the country which is on the other side of the mountains, to see what 
the local inconveniences are, and whether the remedy he proposes would 
be a suitable one or not. The grievances which do exist in the country, 
are, as I think, of two kinds ; one, in the manner in which the business 
is conducted in the respective States; the other, that which exists in 
the Supreme Court itself; and this latter docs not consist so much in the 
delay, as in the incorrectness of the decisions where the questions depend 
upon the municipal laws of the respective States. 

These are the grievances which exist, and which it is the object of this 



52 MEMOIR OF HUGH LAWSOX WHITE. 

bill to remedy. First, by extending to nine States the circuit system, 
which is applicable to, and practised beneficially in, the other fifteen 
States ; and secondly, to increase on the bench of the Supreme Court a 
knowledge of the local laws ; tbose are its leading objects. These nine 
States, when we look to them, we find thus circumstanced: Six of them 
have never bad, either nominally or in fact, the benefit of a circuit judge, 
three of these States had nominally, and to a very limited extent, the 
benefit of the attendance of a judge of the Supreme Court from the 
year 1809 up to this time. I say they have had it nominally, but not so, 
in point of fact. When the judge of the seventh circuit was in the 
vigor of life, and in the enjoyment of perfect health, it was his duty to 
attend and hold circuit courts in the districts of East and West Ten- 
nessee, of Kentucky and Ohio, and from the necessity he was under of 
leaving one court in time to arrive at the next, in his circuit, an oppor- 
tunity was not afforded him of disposing of the causes on either docket. 
For example, he would have suits enough in West Tennessee to require a 
session of two months, but at the end of three or four weeks he was 
compelled to be in Kentucky, distant two hundred miles, and so on ; and 
thus it happened, either that the district judges must continue the courts 
after his departure, or the causes must remain undecided. In important 
suits, parties would not be willing to trust the opinion of the district 
judge alone, and he would willingly yield to applications for delay, until 
he could have the assistance of the judge of the Supreme Court, and 
thus the business must be either long delayed, or in most instances decided 
in the circuit courts of those three States, by the district judge alone. 
For several of the last years of Judge Todd's life, his want of health put 
it out of his power to attend his circuit courts, and thus it has happened 
that the business in Tennessee, Kentucky and Ohio, has accumulated to 
an unreasonable extent, and those States have, in truth, been no better 
provided with an opportunity of obtaining a due administration of jus- 
tice in their Federal Courts, than the other six Western States ; and how 
is it with regard to them? They have never had the benefit of the cir- 
cuit system, even nominally. They have each a district judge, who does 
all the duties which other district judges perform, and who is vested with 
the jurisdiction which circuit courts possess in the other States. So 
far as relates to the grievances which exist in the country, we are safe in 
considering the whole nine States to be practically in the same situation. 
When we come to look at the laws which vest the courts with jurisdic- 
tion, we find that a large portion of the jurisdiction which is to be exer- 
cised in those nine States, is of that description which falls within the 
jurisdiction of a circuit court, and not within the jurisdiction of a dis- 
trict court. A district court, as such, can have no jurisdiction of suits 
between A and B, whether citizens of the United States, or of different 
States. Some attempts have been made to get them to entertain jurisdic- 



JUDICIARY APPORTIONMENT. 53 

tion of the suits between citizens of different States, when the matter in 
dispute is of more value than twenty, and of less than five hundred 
dollars, but so far as I know, they have been unsuccessful. 

As it relates to a great portion of the jurisdiction which is to be exer- 
cised in those nine States, the Senate must see at once, it is of that class 
of cases which belongs to the circuit courts in the other States. What 
is the situation of these other States ? They have, in point of fact, as 
well as in point of law, a circuit court, composed of one judge of 
the Supreme Court, and the district judge. "When a suit is brought, and 
the matter in dispute exceeds the sum of two thousand dollars, upon the 
trial, the parties have the benefit of the opinions of two men, which will 
in most instances be satisfactory : but if not, the unsuccessful party can 
remove it to the Supreme Court and there have the judgment revised, 
and if wrong reversed. If the matter in dispute is less than two thous- 
and dollars, and the judges disagree in opinion upon any point, either party 
can have that point certified to the Supreme Court, then revised, and the 
judgment of the circuit court rendered in conformity with the opinion 
of the Supreme Court. In all criminal cases the defendant has the like 
advantage. How is it in those nine States ? In no case, either civil or 
criminal, can the parties in the circuit court have any opinion but 
that of the district judge, which in every criminal case, and in every 
civil one where the matter in dispute is of less value than two thousand 
dollars, is final and conclusive whether right or wrong ; and in all other 
civil causes, although an erroneous judgment may be revised in the 
Supreme Court, it is at an expense and trouble which would often be 
avoided if two judges sat in the circuit court. 

The gentleman from New Hampshire said yesterday, we of the "West 
would not compare wealth with those in the East ; all true enough ; and 
therefore there are many causes where the matter in dispute does not 
amouut to two thousand dollars, and still it is very material to the par- 
ties that they should be correctly decided. It is certainly not just that a 
man should be punished as a criminal under an erroneous judgment, or 
that he should lose his all by the like means, while those living under the 
same government are protected in their persons and property because 
more wealthy. We are one people living under a government common 
to us all, and each State has a right to expect from the Federal Govern- 
ment, that a like provision will be made for her citizens, with that made 
for the citizens of the other States. This has not been done, and as 
we are to be one people, we have a right to expect it will be no longer 
delayed. 

Fifteen of the States of this Union have more than double the chance 
for a correct exposition of your laws that the other nine have ; these 
nine complain of this inequality, and the only wonder is, that their com- 
plaints have not been more loud and frequent against this crying injustice. 



f> 4 MEMOIR OF HUGH LAWSON WHITE. 

Tennessee was admitted into this Union upo» an equal footing with the 
original States, and so have the other Western States been. These States 
feel that this promised equality has not been extended to them; as sove- 
reign States, they insist that their citizens must be placed in a situation where 
their persons and property shall be equally as safe in the Federal Courts, 
as the citizens of any other State are in their persons and property. With 
nothing less than this will they be contented. But it is said the proper 
time is not come ; we are used as well as others have been used. I should 
be glad to know when the time will arrive ? 

Tennessee is thirty years old, Kentucky is older. Ohio came into the 
Union in 1803, Louisiana in 1812, Indiana in 181G, Illinois in 1816, 
Missouri in 1821, Mississippi in 1817, Alabama several years ago. Will 
the gentleman tell us when we shall have arrived at such mature age, 
as to entitle us to the same benefits of the Federal judiciary that are 
enjoyed by the other States? Sometimes they are willing to recognize 
us as at years of discretion, to put their dearest interests in our keeping. 
Personal services, money, anything we have, we are disposed to render 
freely our full share of, according to our abilities. We are willing to do 
our duty ; and I call upon the Senate to say whether they do their duty 
to us, if they do not put the administration of justice on the same foot- 
ing in the Western States, as it is in the others. Is not the life of a man 
in any one of those nine States, worth as much to society as it would be, 
if he were a constituent of the gentleman from New Hampshire or Ehode 
Island ? Is it not reasonable to afford the same man as good a chance 
for justice in the States where he now lives as he would have if he lived 
in any other? Is that opportunity furnished? No, Sir, it is not. 

It was intimated we had not applied in time. Why did we not apply 
at the time we were admitted into the Union ? We did apply, and you 
promised us, and we now respectfully ask a compliance with that pro- 
mise. Had we been of the original States, should we not have had the 
benefit we now ask you to extend to us ? Surely we should ; therefore, 
do not put us off with less now. 

It maybe said there is not much in all this; the wrong is on a limited 
scale, because the State Courts do the mass of the business. When the 
people are called to account for crimes, they are called before State Courts, 
to answer for offences against the State, and not for those against the 
United States. If gentlemen will think a little they will see the case is 
not so. We have heard a good deal respecting Indians latterly ; there is 
a portion of the territory within the limits of the Western States, where 
the Indian title is not extinguished, and when that is the case, every 
offence committed by a white citizen against an Indian on the Indian 
side of the line, is a subject of Federal and not of State jurisdiction, 
according to our laws ; so likewise of crimes committed by Indians on 
citizens. Trials for crimes under this branch of your laws are not unfre- 



JUDICIARY APPORTIONMENT. 55 

quent, and no matter whether the accused is a white, or a red man, a 
fair opportunity for a correct exposition and application of the laws 
ought to be furnished. Against the Indians, prejudices invariably 
exist; they are ignorant, not only of our laws and forms of proceedings, 
but of our language also ; and common humanity requires that at least 
the same measure of justice should be meted them, as to a white citizen. 
I have witnessed several of those trials, and have no doubt they were 
conducted with perfect integrity; yet the legal correctness of some 
might well be doubted. The criminal business then which has existed 
and may exist in the courts in some of these States is not so limited as 
those at a distance might incline to believe. 

But, sir, we are told that the accumulation of business in some of 
these courts, in the three States, is produced by temporary causes that are 
passing. away, and that there is no necessity for any alteration in the 
system on that account: that one circuit judge can do all the business 
in those three States. It is not to pass away so rapidly as the gentle- 
men suppose. I do not doubt the correctness of the statement of any 
gentleman living in any one of those States ; he knows what the business is ; 
therefore I do not choose to doubt the correctness of what was advanced 
by the gentleman from Kentucky. I have before me a certificate from the 
clerk of the district and circuit court of Kentucky, and at the session of No- 
vember last, the number of causes on the two dockets combined w T ere nine 
hundred and fifty. As very little business is to be done in this district 
court, much the greater portion must be on the circuit court docket of 
that State. How is it in Tennessee ? You have the statement of the gen- 
tleman who belongs to the "Western part, and altogether it may be esti- 
mated at two hundred. But it is not the number of causes which proves 
the necessity of a circuit judge, and an extension of the system; this 
necessity is produced, more by the kind of causes that are to be decided, 
than by their number. These causes are generally in their own nature, 
especially those brought into the Federal Court of Tennessee, of the most 
litigated description. Many of them relate to lands; foreigners claim 
titles to them, and assert them in the Federal Courts. It is neces- 
sary to go back and examine what was the condition of the country 
forty years ago, and you get into a set of difficulties, from wdiich nothing 
can extricate you, but a patient, laborious and protracted investigation. 
They necessarily consume a great deal of time, first in ascertaining the 
facts before a jury who are to decide the cause, and next in investigating 
the legal principles which are to govern that decision. To investigate and 
decide one of those causes, has sometimes taken two weeks ; suppose only 
one hundred causes on the docket, I ask, if it would not be more necessary 
to extend the judicial system through a country like that, than to a place 
where there was five hundred on the docket, of which thirty or forty 
might be disposed of in a day. If we were to be governed by the mere 



56 MEMOIR OF HUGH LAWSON WHITE. 

number of causes -we should make a most important mistake as relates to 
this matter. Many disputes in Tennessee relate to land, the titles to 
which are founded on the act of 1777 in North Carolina, or the act of 
1783, or those acts to -which these two have given birth, and in investi- 
gating matters of fact, it is necessary to go back and ascertain what were 
the names of different places at different times, from those periods up to this 
time; the whole country was a wilderness, and every man who had a 
claim under these laws had a right to select a piece of land within a cer- 
tain boundary, of from four to five hundred miles one way, and one 
hundred miles the other. "We had not only to investigate our titles 
derived from the State of North Carolina, but in some instances those 
issued by Virginia and perhaps Kentucky, likewise, as disputes respecting 
boundary with those States once existed, upon adjusting which provision 
is made to secure individual rights. 

"We have amongst our own citizens those who claim under Virginia 
grants, under Kentucky grants, under North Carolina grants, and under 
those issued by the State of Tennessee. Wherever there is any dispute 
respecting any of these conflicting titles, they may go into the Federal 
Court, although the parties may be citizens of the same State. You are 
extinguishing the Indian title as fast as those people are willing to sell ; 
and, wherever you do, the settlements will keep pace with the extinguish- 
ment of title. In Tennessee there is a very large district of country, 
granted to individuals under the law of North Carolina in 1783, which, 
until a very short time ago, the United States had secured to the Indians 
by treaty ; that country is now settling, and every man has to look for 
the land for which he obtained his patent. Many of these conflict, and 
whenever they do, and a foreigner happens to be the owner of one of 
these titles, the consequence is, that the cause goes into the Federal 
Court. So long as this process of extinguishing the Indian title, and 
settling the country, is going on, it is in vain for gentlemen to say that 
those disputes are produced by temporary causes, or that they are pass- 
ing away ; they cannot pass away until your settlements are completed. 

Do we not all know that, in 1794, and onward for several years, a 
great rage for speculation existed, in Philadelphia, New York and the 
Eastern States ; that immense quantities of "Western lands were bought 
up by foreigners, or citizens of other States ? Considerable quantities were 
purchased in Tennessee. These companies have found it convenient to 
part with their titles to various individuals, and those claimants who 
have got titles in this manner, living in other States, when they come 
forward to assert their titles, now that the Indian title is extinguished, 
assert them in the Federal Courts. 

But, the gentleman says, you have Federal Courts, and the people must 
have confidence in them, because, if they had not, they would sue in the 
State Courts. "Will the Senate reflect, for a moment, on the idea sug- 



JUDICIARY APPORTIONMENT. 57 

gested, and they will easily see some of the difficulties under which we 
labor. The titles to the land must be settled by the laws of the State in 
which the land lies. A citizen of another State, or a foreigner, claims 
title to a tract in Tennessee ; he finds a man in possession under a con- 
flicting title. This foreigner can sue either in the Federal or State Courts, 
at his election. He submits his title to counsel, who advises him that, 
according to the decisions of the State Courts, the man in possession has 
the better title. The foreigner orders suit in the Federal Court ; there is 
but one judge, and he, living in the State, will likely follow the State 
decisions, and give judgment in favor of the defendant. The plaintiff 
takes a writ of error, and carries the cause to the Supreme Court, before 
a set of judges, who neither know or have they the means of knowing, 
the local laws, or the true reasons of the decision ; and, for want of this 
information, judgment is reversed, and thus the plaintiff becomes the 
owner of a piece of property which he otherwise would not have ac- 
quired. Plaintiffs often commence suit in the Federal Courts expressly 
for the sake of gaining an advantage over their adversaries, which they 
could not get in any other tribunal whatever. And yet, this is the argu- 
ment relied on to show that Federal justice is well administered to us. 

"What, sir, is the situation of the other States, Louisiania for example ? 
These are British, Spanish, and French grants ; so also, in Mississippi and 
Missouri. All these may go, and mostly do go, into the Federal Courts, 
principally for the sake of having these cases removed into the Supreme 
Court of the United States, if such a decision is not given as is satisfac- 
tory to the plaintiff. So far as Tennessee is concerned, those who act 
under the belief that our business has accumulated from temporary causes, 
are in the main mistaken : to a limited extent, no doubt, they are correct. 
I believe if our circuit had been one of reasonable extent, and we had the 
benefit of our circuit judge the number of suits on our docket would 
have been much less. "Where a man has a cause which he thinks he 
ought to gain, if the law is well understood, he will not agree to have 
that cause tried before any one man, when there is another of a higher 
legal character. It is a very unpleasant thing to have to settle disputes 
between man and man, and when it comes to the last stage, there are few 
men who would not like to be eased of a portion of the responsibility of 
the decision. If a reasonable excuse can be made to defer it to another 
time the district judge will fall in with it, because his associate will then 
be with him, and he will have the benefit of his opinion, and be better 
satisfied, if they agree, that he is right, than if there was none with him, 
and if he should disagree in opinion with him, by certifying that there 
was a difference of opinion, it could be carried into the Supreme Court, 
and no mischief would arise. It is to their credit that they have this 
disposition. I do not make unnecessary complaints against the district 
judge of the State in which I live. He is entitled to as much character 



58 MEMOIR OF HUGH LAWSON WHITE. 

as any other judicial officer on the score of integrity; and if he ever does 
make mistakes, which, I think, is but seldom, it is in endeavoring to attain 
that which he thinks the justice of particular cases. The people of 
Tennessee have as much right as the people of any other State in the 
Union, to have the opinions of two men who will concur, as to which is 
right in their disputes. It is vain to tell me we are placed on an equal 
footing with the other States, while they have one measure of justice 
meted to their citizens and the citizens of Tennessee have a different mea- 
sure meted to them. I would rather you should lop off one of our Sena- 
tors, or three of our Eepresentatives — reduce us as to the power we have 
in the Executive and Legislative business of this government, but when 
you come to the practical operations of this government, that are to take 
away a man's life, liberty or property, let our citizens have an equal op- 
portunity for the administration of justice, with any portion of the good 
people of the United States. 

During the last session this subject was before you and was put off by 
saying, we have not had time to examine it, and at the next session, we 
will all lay our shoulders to the wheel and accomplish this particular task. 
And, sir, where are we now? About the 12th of April they took up this 
subject in the other house, the committee made a report, the subject 
was examined and amply discussed, and they passed a bill in substance 
similar to the one on your table. The same subject was referred to the 
Judiciary Committee of this body, who concurred in a similar report ; 
and after the bill from the other house was brought here, it was referred 
to them, and they reported it, with an amendment, which is not calcu- 
lated to change very materially the principles of the bill. Every gentle- 
man has matured his judgment on this subject, and, if he does not like 
the present proposition, let him give us his system in its stead. But now 
the worthy gentleman from Few Hampshire comes forward with a general 
proposition to refer the bill to the Judiciary Committee, to see whether 
they cannot contrive, in some way or other, to relieve our local distress 
and inconvenience, without adding any member to the Supreme Court. 
I put it to the gentleman himself, and to every member of the Senate, 
whether, if they have solid objections to this bill, if they are able to 
digest a system which they think better suited to put us on an equality 
with the rest of the Union ; whether they do not owe it to their own 
justice, to their own character, to their own high standing, to have 
brought forward a distinct proposition, containing another system that 
would have placed us in a similar condition with the other States of the 
Union ? It is very easy to raise objections ; but you can never test the 
merits of this bill, compared with any other plan, until you have the 
other in detail likewise. Suppose sir, that a majority of this Senate 
should believe that the number of judges ought to be seven, and they 
send it back to the committee to find out how the United States are to 



JUDICIARY APPORTIONMENT. 59 

be divided into seven circuits ; they try it every way. They cannot fix 
on any plan that is not liable to stronger objections than the present bill 
— what then? Are we to have no relief? If the gentleman who made 
this proposition had given us something like a detailed plan for his seven 
judges, and compared that plan with this, then there would have been 
something to test the principle he has so ably advocated on this occasion. 
It is a principle which seems plausible within itself; but when you come 
to detail it, to reduce it to practical operation, it is found to be one which, 
when compared to the situation of the United States, cannot be used. I 
think we have cause to complain when we find that, after this matter has 
been postponed for eight or ten years, and the lapse of time which has 
taken place during the present session, those who are opposed to it say 
they are disposed to do what is just towards us, but find fault without 
submitting any plan which might keep up hopes that we are not to be 
always in the situation in which we are now placed. 

The gentleman from Ehode Island I understand exactly. He wishes to 
get back to the good old system of 1801, because he thinks it is better 
than any other which can be devised. I do not intend for him anything 
which I say upon the subject of unkindness, they are all intended for the 
gentleman from New Hampshire, who sends us so many good wishes, of 
which I wish to see the fruits. 

As to the circuit court part of the system, every one must be satis- 
fied that we are not on an equal footing with the other States. Increase, 
then, the number of judges to such an extent as to enable us, with rea- 
sonable circuits, to have the services of some one or other of the judges 
of the Supreme Court. This is the remedy, and then shall we be on an 
equal footing with the others. Let no gentleman object to this system 
because we cannot furnish good materials for judges; if they cannot be 
found in that part of the country, we will receive, thankfully, the addi- 
tion of talent from any quarter of the Union. That luminary which gives 
ns light rises in the East and passes to the West. I suppose it is the 
same with genius and talent : let us then go to the morning, and draw 
from the fountain-head of talent as much as will answer the wants of the 
"West, and give us the benefit of it, I wish justice administered. I in- 
dulge in no prejudices. From the East they have sent us out those who 
have made us valuable officers, whom I should be sorry to part with. I 
wish them to remain with us as citizens of our State, and if the present 
system should be adopted, the President should see fit to find the ma- 
terials to fill the offices in the East, let him make the experiment, and if 
it turns out that they are qualified, I shall never be disposed to be very 
clamorous on that subject. 

The gentlemen from Ehode Island and New Hampshire seem to 
think, that on this system, if it should pass, no benefit to us can result as 
to an increase of knowledge of local laws on the bench of the Supreme 



60 MEMOIR OF HUGH LAWSON "WHITE. 

Court. In this I disagree with the gentlemen. Take a man from Ehode 
Island, and I think it likely he is as ignorant of the laws of Tennessee as 
I am of those of Rhode Island ; place him on the Supreme Court hench, 
and let him be compelled to hold our circuit courts, and reside among 
us, and I think that in the course of one year he will he better qualified 
to decide our causes than any judge in the Supreme Court in the present 
organization will be in forty years. He sets out ignorant of our local 
laws — but he is acquainted with his own profession ; he is associated at 
once with the district judge, who is intimately acquainted with the local 
laws ; he meets with that which he never met with in the Supreme 
Court ; he meets with the most intelligent of the profession in that county 
where he goes to do business. They have their own materials, their own 
books ; they have had leisure to make preparations for every cause ; they 
have looked into every act of Assembly which relates to the subject, 
into every record, into every case found which has any relation to the 
subject, and this judge, so called on to dispense justice, after he has 
heard the arguments on both sides, and has conferred with the district 
judge, will be very likely to decide correctly even in the first instance — 
for six weeks or two months his court may continue — daily, causes 
depending on the local laws are under discussion ; his leisure moments 
are spent in conversation relative to those local laws ; at the end 
of his first term will he not have acquired more knowledge of the 
local laws than on the bench of the Supreme Court during his life ? In 
the Supreme Court one cause, depending on those local laws, may be 
argued during a term, without the necessary books, without much pre- 
paration, by those ill informed of those laws ; it is decided : and perhaps 
for twelve months no other cause, depending on those same laws, comes 
before the court. The subject is then taken up as a new one ; and thus 
he may go on from year to year, without any improvement in a know- 
ledge of local law. Take a man of good natural capacity — a scientific, 
well-bred lawyer, compel him to reside in the circuit ; he immediately 
acquires a knowledge of the local laws of the States in his circuit because 
he must continue his mind upon a succession of similar causes, until he 
has disposed of perhaps fifty or one hundred without having it distracted 
by an attention to any other. He soon acquires a knowledge of the laws 
as a system, which is not to be forgotten. But upon the bench of the 
Supreme Court, he has no such advantage ; and it would be strange if 
he did not go off almost as ignorant of local laws as he came on it. 

Now, whether it be seven or ten, or of whatever number it may be, I 
insist that it is a valuable feature in our system, and one that I would 
not part with any more than I would with that most valuable political 
privilege, of trial by jury; that the man who is ultimately to decide the 
cause must be in a situation to have a reasonable opportunity of becoming 
acquainted with the laws that are to form the ground of that decision. 






JUDICIARY APPORTIONMENT. 61 

Says the gentleman, by what mystery is it that you are going to commu- 
nicate the information which that one judge has obtained, to the other 
nine? The moment a cause is brought into the Supreme Court, instead 
of their having to grope about without knowing how, or where to find the 
necessary statutes and authorities, they make common stock of all the 
knowledge they have acquired, and the judge who has made himself 
acquainted with the local laws, applicable to the case in question, brings 
to their view at once, not only the statutes, but all the authorities he has 
had access to, in relation to the same question, and when these materials 
are spread before them, then, sir, they are prepared to come to a correct 
determination. There is no mystery in this ? Each is not to lock up 
within his own breast all the information he has acquired upon legal 
subjects, and let his brethren be groping about in darkness. They talk 
freely on legal subjects amongst themselves, they make joint-stock of 
their knowledge, they apply their natural talents, and then, sir, they 
bring out such a result as they think will be according to the justice and 
law of the case. The moment you give me one judge on the bench of the 
Supreme Court that has a knowledge of the laws of the country in which 
I live, the Supreme Court is placed in a situation that it can dispense 
justice between man and man in Tennessee; but till that is done, it is as 
much a matter of accident, as anything else, that justice should be done, 
I have no complaint to make against the judges of the Supreme Court, 
nor have I any eulogies to pronounce on them. In some causes that have 
come from Tennessee to the Supreme Court, I think their decisions erro- 
neous ; I have the same opinion as it relates to some other States. But in 
the situation in which they have been placed, I am surprised they have 
not been oftener wrong. It is the lot of human beings to err when they 
have the best means of information, and it would be strange if they did 
not err, when you compel them to act without the necessary means of 
information. There was one case in which their decision was in opposi- 
tion to all the decisions of the State Courts, in which they applied old 
principles that were inapplicable to our local laws, and thereby reversed 
the decision of the district judge doing duty as a circuit judge, and sent 
the cause back to be retried; upon the second trial, a more enlarged 
view of the case was given in a bill of exceptions, and the cause again 
brought to the Supreme Court, and they a second time reversed the 
judgment of the circuit court, and took great pains to explain away 
what seemed to be the ground of the first decision, thereby using their 
endeavors to ward off" the mischief likely to flow from the first opinion. 
I mention these things, not as a ground on which to censure any man 
who is on that bench ; I have as much confidence in them as any man 
who has no more acquaintance with them, and who is as little capable of 
forming opinions relative to their decisions. Still, I am constrained to 
believe, that not only in the case alluded to, but in some others, they 



62 MEMOIR OF HUGH LAWSON WHITE. 

have not correctly expounded our municipal laws, and that mischiefs 
have been produced; and that more must inevitably be produced, if that 
court is not placed on a different footing from that on which it now 
stands. 

Had we not better pass the bill on the table, than throw everything into 
a state of confusion by the reference? Had we not better refuse the 
gentleman's proposition ? If you agree to it, when is there to be an end ? 
The gentleman from New York stated that there were grievances under 
which Ave labored, but that he did not deem them to be so great as to 
justify all the clamor that had been raised in that part of the country. I 
think he has not yet got to the bottom of our grievances, unless — 

[Mr. Van Buren rose to explain; he had stated on the part of 
Tennessee, that there had been no complaint — their memorials were 
such as they ought to have been — they stated their grievances fairly and 
fully, and left it to the wisdom of Congress to apply the remedy. But he 
had stated that complaints had been made elsewhere.] 

Mr. White resumed. I am very glad to receive the explanation. It 
gave me pain to think our complaints should be censured from so respect- 
able a quarter, aud I am relieved to find I misunderstood the gentleman. 
By the bill upon your table, we can be relieved; without some change, 
the causes of complaint must continue. The gentleman from New Hamp- 
shire finds fault with the bill, and chalks out no plan. The gentleman 
from Bhode Island excepts to the bill, and refers to a substitute. What 
is his remedy ? He wishes the judges of the Supreme Court to form an 
appellate court, and to be relieved from all circuit duties, and to have a 
separate set of judges, called circuit judges, to try all causes in the 
respective circuits. Indeed, sir, I should think (to use his own language) 
he would give us a remedy worse than the disease, and I believe that no 
man that has reflected well on this subject, and is a friend to the Supreme 
Court of the United States, will ever put its high character in jeopardy 
by any such system. As an American I am proud of the character it 
now sustains. It is not only a blessing upon the whole to the nation, but 
some of its members are a credit to the age in which we live. And how 
did they become so? Not by being shut up in Washington, in New 
York, or in Bhode Island, but by letting them have a fair opportunity to 
become acquainted, not only with those things which are to be got out of 
books, but with those things which are going on in that society of which 
they are members. Let me not be told that I wish to send the judges 
out popularity hunting — to drink a dram with this ignorant man, or to 
take his breakfast with another ; but I say, send the judges of the Supreme 
Court, to administer and dispense justice in the respective States in the 
presence of the citizens of those States, of the counsel that attend the bar 
and the jury; let them hear the witnesses that depose as to the facts of 
the case. 



JUDICIARY APPORTIONMENT. 03 

While the judge in his circuit dispenses justice, he watches, with all 
possible care, the conduct of the counsel, the course of the testimony, and 
sees its practical application to the particular transactions of men; at the 
same time that he is dispensing justice, he is keeping up an essential part 
of his education; he is keeping up his personal knowledge of human 
nature, he sees its workings as it is; — and of all the places on earth where a 
man can be placed to acquire a knowledge of human nature, the best is a 
court of justice, when the jury is to decide a matter of fact, and viva voce 
testimony is given, to inform them on it. Put the question down in the 
most careful state you can, in a bill of exceptions, and an appellate court 
never can have the same impression made on their minds, that they 
would have had, if they had seen and heard the same testimony delivered 
to a jury. Do you believe there would have been the improvement there 
has been in the doctrine of evidence during the last hundred years, if 
those who established these rules had possessed no practical knowledge 
acquired at nisi prim or elsewhere? How long is it since the distinction 
has been drawn between a competent and a credible witness ? But lock 
these judges up in "Westminster Hall, or in Khode Island, or in New 
York, or Washington, and you take them from the source of information, 
and what becomes of them? If I wished to lessen their standing in 
society, and to destroy public confidence in them, to put them in such a 
situation that, instead of doing justice between man and man, they 
should become a curse to the country, I would adopt the system recom- 
mended by the gentleman from Ehode Island. 

Again sir : it is a great object in the administration of justice to 
keep mankind satisfied. If I could spare the property, I would almost 
as soon lose a portion of mine, by the decision of a man in Avhom I had 
entire confidence, as to gain by the judgment of one that I believed 
decided in my favor, he thinking that his own decision was wrong; 
because in such case, I would feel that neither my person or property 
was safe. Take the judges of the Supreme Court from all circuit duties, 
and you make them strangers to society; they will have no acquaintance 
with any portion of the profession, except the very few Avho may prac- 
tice at their bar ; let them then decide some favorite statute of some of 
your large sovereign States to be unconstitutional, and it will be found 
that they have not enough of character to sustain them. But keep each 
of them in the discharge of circuit duties, and they are all forced into 
society; in their respective circuits, they become personally and inti- 
mately known to most of the respectable men in those circuits ; to clerks, 
marshals, jurors, witnesses, lawyers, bystanders, and if they have 
integrity and talents to fit them for their high station, it becomes known, 
and felt by the mass of society; who are witnesses of their usefulness: 
then let them decide such a statute to be unconstitutional (and so they 
ought to do, if such be the fact), and then see how well public opinion 



64 MEMOIR OF HUGH LAWSON WHITE. 

will sustain them. The moment the decision is complained of, the 
inquiry by every man will he, did the judge with whom I am acquainted, 
concur in that decision? and if answered in the affirmative, he will 
immediately say, the decision must be right, he is honest and enlight- 
ened, and would not have concurred unless the judgment was correct. 

Again, you put a man of middle life upon the Bench well qualified 
for his station; make the court stationary; take from the judge all 
circuit duties : and, if he live to reasonable age, he will most probably 
die unqualified for his office. Hoav will the judges fill up the intervals 
of time between the sessions of the Supreme Court? It is answered by 
reading. I put it to every practical, well-informed lawyer to say, 
whether it would not be more profitably employed in holding circuit 
courts. Take any one legal subject, and let the judge be in search of 
information upon it, and, I say he will, in my opinion, acquire more by 
hearing arguments upon it, for one day in the week, than he will by 
reading the whole week; and that which he has thus acquired, will 
remain with him for life. 

Again. Take from them circuit duties, and a main stimulus to 
exertion is destroyed ; the mind is, for a considerable portion of life, 
improved by use, one exertion prepares it for another, and by repeated 
efforts, it acquires a vigor and force not to be otherwise acquired. 
Make the judges stationary, and they will soon content themselves with 
moderate labors, their reading will be alone ; none to help them to com- 
pare and examine ideas collected from books, they will have no precise 
object in view : but keep them to the circuits, and then they will have 
every inducement to exertion ; their conduct will be in the view of the 
world; the causes openly argued ; the opinions of the judge are formed 
for present use, must be accompanied by his reasons to support them, 
delivered in presence of jury, witnesses, parties, counsel, and by- 
standers ; if wrong, he will be called upon to re-examine them on motion 
for a new trial, when their errors will be openly exposed, and refuted. 
He will therefore, have every inducement to continued and unremitted 
exertion; and this exertion will daily increase his capacity for use- 
fulness. 

On the plan proposed by this bill, you make the judges men of 
vigorous minds, well stored with useful knowledge, capable of forming 
and continually, not only forming, but actually expressing opinions for 
themselves. 

On that proposed by the gentleman from Ehode Island, you will soon 
have your judges, bookworms, if you choose, without any practical 
knowledge ; their minds enervated for want of use, neither habituated to 
form, nor to express opinions for themselves, acting seldom or never on 
individual responsibility ; always in the presence only of the compara- 
tively few, who may be attendant on the Supreme Court. By this plan, 



JUDICIARY APPORTIONMENT. G5 

they will soon lose that manly independence so beneficial to society, and 
become mere drivellers, drones, ready to lean upon any associate, 
ambitious of distinction, and admirably fitted for any unworthy purposes 
to which a designing Executive may wish to apply them. 

It is said that another misfortune from the proposed plan will be, 
that it will add to the existing grievance in the Supreme Court — delay. 
At the first view, there certainly appeared something very plausible in 
this objection; but, upon mature consideration, I think the business 
will rather be expedited by this additional number of justices, than 
otherwise. 

How is the delay to be increased ? Because, say gentlemen, each 
judge must make himself acquainted with the contents of the record, 
and it will take ten men longer to do so than seven. 

This difficulty is in a good degree removed, if we suppose the judges 
will make such arrangement as that one shall read the record, and the 
other nine listen to him while reading it; upon this plan, ten will 
become acquainted with its contents in as short a time as seven. But 
suppose some delay to be occasioned from this cause, it is more than 
counterbalanced by positive advantages by an increase of the number of 
judges. 

Have ten judges of the Supreme Court performing the duties of cir- 
cuit judges, and you bring to the Bench of the Supreme Court in a short 
time, an intimate knowledge of the municipal laws of the respective 
States ; when one of those causes depending for its decision upon any 
of those local laws shall be brought into the Supreme Court, the court 
will at once be able to refer to all the statutes and decisions which ought 
to govern their judgment ; when as now they are frequently at a loss to 
procure either the one or the other ; and it consumes much time and 
requires great labor to procure those materials, from which, alone, a 
correct opinion can be formed ; and often it must happen, that decisions 
are given without the benefit of all the information from these sources 
which they ought to have. 

Suppose a case to be decided upon the local laws of a State, and the 
State desirous to have fixed the construction of a doubtful statute ; but 
no book of reports containing those decisions to exist — bow can the 
Supreme Court acquire the necessary information? Only through the 
industry and research of the counsel employed. They may and often 
will report them differently, and leave the court in great doubt. But 
pass this bill, and one at least of the members of the Supreme Court will, 
on his circuit, have acquired a knowledge of those decisions, and can 
give correct information to his brethren. 

But, sir, it has been urged that by increasing the number of judges, 
you increase the number of causes in the Supreme Court, and of course 
must delay the decisions there. To this argument I answer, first, it is 



66 MEMOIR OF HUGH LAWSON WHITE. 

not likely the fact will turn ont to be as supposed : in all suits exceeding 
the value of two thousand dollars writs of error can now be brought ; if 
a judge of the Supreme Court is associated with the district judge on 
the trial below, and they concur in opinion, most frequently both parties 
will be satisfied, and no writ of error will be brought ; whereas now, 
when the causes are decided below, by one man, and he a district judge, 
writs of error will be almost invariably brought if there is the least room 
for a doubt. It is therefore most probable the number of writs of error 
will be diminished in all those cases to which I have alluded. 

But it is said now, no criminal case can be brought to the Supreme 
Court, nor can any civil one, when the matter in dispute is of less value 
than two thousand dollars ; because as the decisions will be by the dis- 
trict judge alone, there can be no certificate of a division of opinion, by 
which means only such cases can be brought to the Supreme Court. 

I must regret that such an argument should be used to defeat this bill. 
It conforms to the rule by which tyrants govern. The substance of it is, 
that it is better that a man in one of those nine "Western States, should be 
hanged or lose his property by the erroneous decision of the single judge, 
than that a suitor from any other of the fifteen States should have his suit 
delayed in the Supreme Court, by increasing the number of causes upon 
its docket. 

This argument cannot be tolerated ; all are to be equally obedient 
to the same laws ; all must be protected by them. The main object 
of government, and one of its first duties is, to protect the innocent at 
the same time that it punishes the guilty. The citizens of one State 
are not to be unjustly punished, that those of another may have a 
speedy revision of their causes in the Supreme Court. The citizens of 
each are entitled to the same measure of justice, and an equal chance for 
a correct administration of it must be furnished to all. Will it be allowed 
that a citizen of Tennessee must submit to injustice, for no better reason 
than to enable a citizen of New York, or Rhode Island, to have his cause 
speedily decided in the Supreme Court ? It is hoped not. 

Something was said about the weight of population, and that the 
proposed bill would give to the West more judges than their relative 
numbers would entitle them to. 

Mr. President, I have not felt the force of any argument used upon this 
point. Before the judicial system of the United States is extended, there 
must be States, those States must have citizens living in them ; and those 
citizens must have suits, or a reasonable prospect for suits of Federal 
jurisdiction to be decided, and whenever these things occur, your sys- 
tem, applicable to the other States, ought to be extended to embrace them. 

Take a State composed of a number of counties, some of them thickly 
populated, others with a population more sparse ; what would be thought 
of a legislature which, in devising a judicial system, would make one sys- 



JUDICIARY APPORTIONMENT. G7 

tem for those counties of dense, another for those of thin population ? 
"Would they act wisely or justly when they directed the courts in counties 
thinly settled, to be held by a single justice of the peace whose decision 
should be final ; and the courts in the counties thickly settled, to be 
holden by a justice of the peace and a judge of the Supreme Court; and 
that in all cases where they disagreed, no judgment should be entered 
until a Supreme Court, composed of seven men should be consulted ? All 
would concur in pronouncing such a course unwise and unjust ; yet the 
very argument now used goes to justify such a system. 

Upon this branch of the subject I hope it will be seen that, if this bill 
passes, the confidence reposed in the decisions of the circuit courts, will 
tend to diminish rather than increase appeals ; that the increased know- 
ledge of local laws on the Supreme Bench will facilitate the decisions 
there, in place of delaying them ; but that, if some delay should be pro- 
duced, it is far better that should be submitted to, than that nine States 
should be compelled to live under a judicial system less favorable to the 
administration of justice than that which is afforded to the other fifteen. 

There is another point of view in which this matter ought to be con- 
sidered, when we are considering and comparing the utility of the bill 
upon your table, with the system of 1801, which the gentleman from 
Rhode Island desires to re-establish as a substitute for it. 

That which this bill proposes is a mere extension of the judicial system, 
as it, now exists, and has existed in fifteen of the States for many years. 
Its utility has been tested by experience, and its provisions have been 
generally approved. If the bill passes, no change even in the nine States, 
will be affected by which society can be disturbed ; the courts will sit 
at the same time in the respective circuits ; the business will be conducted 
upon the same plan heretofore adopted ; the only sensible alteration will 
be that, instead of one man upon the bench when the courts sit, there 
will be two. "We are creatures of habit, and any radical change in a 
judicial system, by which the settled habits of the people are disturbed, 
or changed, is not likely to succeed, even if the new would, in the end, 
be better than the old ; it is not likely that the new will be tolerated long 
enough to give it a fair experiment, unless the old has been found glar- 
ingly defective. In this instance this is not the case — the old has been 
tested and approved, and if now changed, as the gentleman wishes, the 
people will compel us to change back to that which this bill proposes. 

It has been said that the system of 1801 did not go into operation, it 
was unpopular on account of those who proposed and adopted it, and there- 
fore, put down without a fair experiment. Be it so ; and it is a proof of 
the correctness of my argument. The old system, that which we wisli 
now to extend, had been adopted in 1789 ; its utility had been proved ; 
without necessity a new experiment was made by the act of 1801, not 
called for by any existing grievance ; the people would not submit to it ; 



68 MEMOIR OF HUGH LAWSON WHITE. 

they put it down, and with it, or rather before it, those who had brought 
it into existence. You now wish to re-instate that system to relieve the 
West. From that very quarter came the attack upon it. It was com- 
menced by Breckenridge, of Kentucky, and it was repealed. It is a mis- 
take to suppose it never went into operation ; we had the circuit system 
in operation, for a short time, both in Kentucky and Tennessee, the only 
two Western States then in existence. No time was lost in putting it in 
operation anywhere, and but little lost in commencing the struggle by 
which it was put down, and that of 1789 re-instated. Let us not repeat 
the experiment. We need not flatter ourselves it will be better received 
now than it was then. The system then approved, is that which is still 
approved; pass this bill, and thereby extend its benefits to the nine 
Western States. By this means you will keep the people happy and con- 
tented : but, disturb their settled habits, uselessly make the radical 
change which gentlemen desire, and a struggle is again commenced, 
which will produce gre t , discontent, and end in the overthrow of the 
new system and the re-e&o, hlishment of that which is now known and 
approved. 

The alteration effected by this bill will be, that the Supreme Court 
will be composed of ten in place of seven. Gentlemen say they would 
rather reduce, than increase the number of judges — six, say they ; and 
then, as circumstances will permit, until the number which composes it 
shall be only four. Seven is the favorite number in religious matters, and 
four in legal matters, according to the opinion of gentlemen on the other 
side. And why fix upon the number of four? Because, in Great 
Britain, four is the number which comprises their highest courts. 

Mr. President, we have borrowed many of our most valuable ideas upon 
legal subjects from Great Britain ; but care must be taken not to copy 
too far. That country is of small extent, an island ; a judge in any one 
part of it has it perfectly in his power to acquire a knowledge of the 
general laws applicable to the whole, and also of the particular customs 
applicable to any particular part. That is not our situation in the United 
States — our country is of immense extent ; even judges of the Supreme 
Court ought to be well acquainted with the general laws of nations ; 
your conventional laws ; with the Constitution and laws of the United 
States, and with the Constitution and laws of twenty-four distinct and 
independent States, varying from each other in many important particu- 
lars. The same system whieh has been found well adapted to the one 
country, may be entirely unsuited to the other. Four judges would be 
more likely to bring all necessary legal knowledge into the Court of King's 
Bench, in England, than ten will be to bring all the legal knowledge 
necessary to the bench of the Supreme Court. The situation and circum- 
stances of our own country must be carefully attended to, otherwise we 
shall do great mischief by borrowing from others, and adopting systems 



JUDICIARY APPORTIONMENT. 69 

not suited to the extent of our territory, to the circumstances, and 
situation, and habits of our citizens, nor to the various and multiplied 
peculiarities in our Federal and State laws. From no country upon earth 
can we expect a model which will suit us for a judiciary. Our country, 
and everything in it, is upon a more extended scale ; and our judiciary 
must be adapted to our own situation and circumstances. The politician, 
who will be useful in the United States, must permit his mind to com- 
prehend the various interests of the different sections of country ; the 
habits, customs, and pursuits of the people in different quarters — even 
their prejudices, if you choose — and from all these considerations, enact 
his laws upon such principles as will secure the interests of the whole. 
He who will not permit his mind so far to expand as to embrace the whole 
extent of his own country, will always be in danger of inflicting injury, 
while he intends to afford protection. Let us then pass this bill ; make 
our system co-extensive with the country; adapt it to the wishes and 
expectations of society; place every State or .a equal footing in fact, 
with every other: we will then have made .ji effort upon this subject 
from which we have reason to anticipate much good. Should it, con- 
trary to our expectations and wishes, be productive of mischief, the fifteen 
States which now have an efficient system, can have no just cause of com- 
plaint. The situation of all will be equal ; the inconvenience will be com- 
mon to all. We have a right to expect and therefore do expect, this risk 
will be encountered in an attempt to do justice to all. 



CHAPTER IX. 

SENATORIAL CAREER — INTERNAL IMPROVEMENTS U. S. BANK. 

During the period from the session of 1825-6 to that of 1831-2, 
Judge White delivered few speeches of any considerable length. In- 
deed, during his whole life, he spoke unfrequently ; saying so much 
as would explain his reasons for voting, where necessary, or briefly 
presenting his views upon any subject of sufficient importance. 

In the days of President Jackson, the question of Internal Improve- 
ments was one as yet not fully investigated. There was in many 
sections of the country, a strong feeling, based upon the evident profits 
to accrue from such improvements, in favor of the extension of aid to 
them by the general government ; and the question was, moreover, 
warmly urged by the opposition, probably not without a view of em- 
barrassing the administration, by forcing it either to appropriate vast 
sums for the purpose, and so to incur the odium of extravagance, or 
to defeat all such appropriations, and so to incur dislike in the sec- 
tions of country asking them. Judge White never sanctioned the 
doctrine of Internal Improvements by the federal government. He 
believed that no power was expressly granted by the Constitution to 
the federal government to engage in the business of Internal Im- 
provements as a system. On the contrary, it was his opinion that 
the extensive power of making roads and canals through States, be- 
longed exclusively to the States, and should never be surrendered to the 
central government ; that although in a state of war, or for purposes 
of war, the United States possessed the power to make a road through 
any State, as, in a case of necessity they might also, under the power to 
" establish post roads," construct a road, such powers were only to be 
exercised in extraordinary cases. And, aside from this decision upon 
the ground of unconstitutionality, the power in question Avould, he 
believed, be dangerous from its capacity of being abused. It would 
place an immense patronage in the hands of the federal Executive, 
and might thus be most destructively wielded whenever the Executive 

70 



SPEECH AT KNOKVILLE, 1827. 71 

should choose, in purchasing friends at elections or other critical 
periods. 

As a good summary of his opinion on this and some other subjects, 
and likewise for the sake of exhibiting by its latter paragraphs the 
principles avowed by the party which elected General Jackson, which 
were deserted by them at their convenience, when expediency seemed 
to call for tergiversation ; and for consistent adherence to which prin- 
ciples, and for the consequent necessary severance from the remainder 
of his former friends, they poured out upon him during the last years 
of his life, such floods of unfounded reproach, we here insert the 
larger part of a speech delivered by Judge Wliite to his constituents 
at Knoxville, April 5th, 1827, at a dinner there given by them to him, 
in acknowledgment of his services in the Senate. 

Gentlemen : — 

I should be worse than insensible, if I did not feel very grateful for the 
kind sentiments just expressed. Next to being conscious of good in- 
tention, is the approbation of those who have reposed confidence in me; 
and, especially, that portion of them, who have been witnesses of my con- 
duct from youth to manhood, and from middle age to the decline of life. 
For this testimony in my favor, I tender you my most grateful acknow- 
ledgments. It is due, however, to myself to say, that I feel humbled 
under the conviction that it has not been in my power to render any 
service to my country, in my present station, at all equal to those your 
kind partiality has been pleased to ascribe to me. Had I been fully aware 
of the difficulties I would have to encounter, and of the afflictions I was 
doomed to suffer, I believe I should have shrunk from the task assigned 
me by the Legislature ; but, having voluntarily undertaken it, no domestic 
afflictions, no public calumny, could make me seriously doubt for one mo- 
ment the course I ought to pursue. I must remain at my post fearlessly, 
and without faltering discharge my duty, trusting to the intelligence of 
my countrymen to refute calumny, and to my neighbors, by acts of per- 
sonal kindness, to soften private afflictions. 

Happily, associated with tbose who espouse different sides of all doubt- 
ful political questions, every way better qualified to discuss them than 
myself, I have been, in most instances, relieved from taking much part in 
public debate, and have been content to listen patiently, and vote accord- 
ing to what I considered the best interests of the country. It would bo 
presumptuous in me to suppose I bave not sometimes erred ; but, I can 
safely say, never intentionally. Too unimportant to be often singled out by 
name as an object of abuse, I have still come in for a share in the presses 
in the employ of the administration, under the general appellation of "the 
unprincipled faction of the Senate." This charge, so far as it applies to 



72 . MEMOIR OF HUGH LAWSON "WIIITE. 

me, no matter by whom stated, I have no hesitation in pronouncing an 
unfounded calumny ; and as it may relate to others, with whom I have 
acted, I believe it to be equally destitute of truth. So far as it has related 
to every measure calculated to cause the affairs of the United States to be 
conducted upon the principles to wbich we have been accustomed during 
the republican administrations, there has been little variety of opinion since 
I have been in Congress : and, in every instance, as it relates to such 
measures, the Administration has had the most prompt and efficient aid 
from those who, in the coalition prints, have been denominated " the un- 
principled faction." Indeed, when elected to the Senate, I never dreamed 
that the General Assembly of Tennessee expected me to go dressed in the 
uniform either of those opposed to the Administration, or of the Adminis- 
tration itself — I was sent in the uniform of my country, and to vote, as in 
my judgment, would most promote its interest, and this duty, I feel con- 
scious, I have discharged in the best manner I knew how. So far from 
expecting that was to happen, which has come to pass during the pen- 
dency of the last Presidential election (although I always had a decided 
preference), I believed the government would be administered upon repub- 
lican principles, let which of the candidates might prevail, and, until after 
my election to the Senate, had seen no good reason to change that opinion. 

The President's message to Congress, at the commencement of the first 
session, since I was a member, took me by surprise. I saw in it a claim 
of powers for the federal government, more extravagant than had ever 
been made in the days of federalism — a claim which I believed every 
sound American federalist, as well as every republican, ought to be 
equally prompt in condemning. This was soon followed by a message to 
the Senate, on the mission to Panama, in which was claimed for the Ex- 
ecutive, powers which, if yielded, would leave to the Senate nothing on 
the subject of foreign missions worth preserving. 

From my entrance into the bustle of life, I had been in the habit of 
thinking, that those who denied to the federal government, all power, 
except that which is granted in express terms, or which is necessary to 
carry into effect some power expressly granted, expounded the Constitu- 
tion more correctly than that sect who wish to confer power by implica- 
tion, who believe the federal government ought to protect the people 
"against their worst enemies — themselves;" because they have "not vir- 
tue and intelligence sufficient for self-government ;" I could not, therefore, 
do otherwise than oppose the Executive in those extravagant pretensions. 
This celebrated mission to Panama, it appeared to me, was inconsist- 
ent with our former policy, with the wholesome advice given us by the 
Father of his Country, and uselessly putting at hazard the liberty and hap- 
piness of the people of the United States. My best wishes, as well as 
yours, were with those who were struggling for the right to govern 
themselves ; but these wishes could not induce me to sanction a policy? 



INTERNAL IMPROVMENTS. 73 

which, according to my best judgment, pnt at hazard the true interest of 
our own citizens, for the wild notion of being esteemed the friends and 
upholders of liberty throughout the civilized world. "We might, I thought, 
better employ ourselves in strengthening our awn Union — a union, which, 
if perpetuated, will furnish adequate employ for all our patriots and states- 
men, without extending the sphere of our duties to embrace other na- 
tions, to whom we are under no special obligations. 

If doubts were entertained in the first instance, whether it was not 
intended to make some agreement with these Spanish American States, 
by which our fate would, in some respects, be identified with theirs, those 
doubts were very much increased when the President openly came out, 
and endeavored to satisfy the American people, that the advice of "Wash- 
ington against " entangling alliances " had no application to republics on 
our own continent. But I pass from a topic which has been long since 
amply discussed, and in relation to which at this day, there cannot well 
be more than one opinion. 

In comparatively modern days, a subject has been got up, concern- 
ing which, I will venture a very few remarks. I allude to internal 
improvements by the federal government. The most I have found it my 
duty heretofore to say upon that subject was, that where the road or 
canal was to pass through a State, I doubted the power of the federal 
government, and while I thus doubted, I would not vote in favor of an 
appropriation for such an object. In relation to roads or canals through 
a territory, the case was different. 

"Whether the federal government possesses the power to engage in the 
business of internal improvement as a system, is a question of very grave 
import. This is neither the time nor place to engage in the discussion of 
such a question. Thus much, however, I frankly state as my opinion ; 
that I cannot find any such power expressly granted in the Constitution 
of the United States, nor do I believe it at all necessary to give effect to 
any power that is expressly granted by that instrument. Still, it may be 
true, that in a state of war, and for the purposes of war, the United 
States may have power to make a road through any State. So, likewise 
it may be true in a case of necessity under the power " to establish post 
roads " that they may have power to construct a road : but if they have 
such power in these extraordinary cases, I think it is not true, that they 
possess the power to embark in the business of constructing roads and 
canals through the respective States when and where they choose in 
defiance of the will of the States. I am the decided friend of internal 
improvements, but I am friendly to them when made by the power which, 
consistently with the Constitution, can make them. No man, I think, 
can reasonably doubt but that each of the States has the power to make 
as many roads and canals as they please,within their own limits, and that 
they will exercise this power in every instance where the interest of their 
citizens require it, I cannot doubt. 



74 MEMOIK OF HUGH LAWSON WHITE. 

I think not only that the United States do not possess this extensive 
power, but farther, that it ought never to be surrendered to them. 

Already it is alarming to contemplate the patronage of the federal 
government when acting within the sphere of Constitutional power; 
grant it this additional power, and, in my opinion, it will be useless to 
talk of State rights, or the people's rights ; they will exist in name, only, 
or at most, at the will of the federal government. Of all powers this 
would be wielded most destructively whenever the federal executive 
might choose. At present, offices, the hope of offices, or the use of the 
people's own money, placed at the disposal of the executive, are the com- 
mon means of corrupting one class of the community, who may be relied 
upon, to mislead and deceive another : but with this power, whole sec- 
tions of country might be operated upon directly. At present, the execu- 
tive can only purchase friends by retail; then, they could engage in the 
wholesale business. We are not altogether destitute of experience upon 
this subject. A few years ago, I think in 1824, Congress passed an act 
authorizing the President to have such routes surveyed, for roads and 
canals, as would be considered national in relation to commerce, to post 
roads, or to military roads, and to enable him to give effect to this law, 
has at each session since, appropriated large sums of money, to defray the 
expense of the engineer corps engaged in the business. And how has 
this law been practised upon ? It has been in many instances abused and 
perverted from its meaning. If there is any one road that would be con- 
sidered more national than any other, it would be one from Washington 
to New Orleans. Accordingly, one was to be surveyed, and three routes 
were proposed for a road between those points. One to go through the 
capital of each of the Southern States — another to go along the foot 
of the mountains on their southern side, and the third to cross the Blue 
Eidge not far from Washington and come along the valley through this 
quarter of the country, and so on to New Orleans. Engineers were 
ordered to view these routes, and ascertain the advantages and disadvan- 
tages relating to each, that it might be decided which of the three should 
be preferred. The surveys of the southern and middle routes were made 
by three engineers ; and when the one, in which we are interested, called 
the northern, was to be examined, only two of the three could be spared, 
and they were ordered to hurry on by the nearest practicable course ; 
and so it is, that they travelled at a gait which enabled them to come with 
nearly as much speed as travellers on ordinary business, not feeling them- 
selves at liberty to deviate to the right hand or the left from the most 
direct route, to make any examination whatever. It is true, that they 
were necessarily detained in this place a few days, waiting the arrival of 
a gentleman now present, who had been appointed to accompany them 
through this State. Here, they were requested by myself and others, to 
view the several routes which had been spoken of through Tennessee, but 
the answer was, their orders did not permit them to deviate from the 



INTERNAL IMPROVEMENTS. 75 

most direct route, for the sake of examining any other. Upon a report 
after such a survey, the northern route is to come in competition with 
the other two, and to have its advantages and disadvantages, compared 
with those of the others ; and after all this haste, no route is yet located. 
All three are taught to expect the road, and at the same time that a friend 
of the Administration here is trying to satisfy you, that, if you will be 
friendly to those in power, and vote for them and their friends, they will 
deal kindly with you, and cause the road to be located on your route, 
exactly the same language may be employed by their advocates on each 
of the other routes, and thus, by keeping those three routes in the market, 
it is hoped that the mass of the people, from the extreme of the northern 
route, to the Atlantic may be influenced the whole distance from Wash- 
ington to New Orleans. The like practices are pursuing elsewhere. In 
Maine, a State which has more sea coast than, perhaps, any in the Union, 
in the course of the past year, engineers were kept well employed in 
surveying routes for roads and canals — their elections were going on, and 
to get a good senator in Congress, it was necessary to have good members 
of assembly, and so it is, that Mr. Holmes has been engineered out, and 
another put in his place, who, it may be hoped, will not be " an unprin- 
cipled factionist." 

In Virginia, towards Greenbrier, routes were also carefully attended to, 
and surveyed, and Mr. Randolph is disposed of. In one of the other dis- 
tricts of Virginia, the people were becoming restless, their representative 
was likely to be considered a coalitionist, and an opposition candidate 
was talked of: but application is made for a part of the engineer corps to 
survey a little eight-mile route for a canal in the neighborhood, where 
you must bring water twelve miles to feed it, and the executive promptly 
attended to the call ; a detachment of engineers was sent, the route 
surveyed and the people soothed because all this was effected through the 
representative, who is on good terms with the Administration, who are 
every ready to attend to such applications. I cannot upon this subject 
do better than to refer such as have not read it, to Mr. Eives's speech at 
the last session. He shows, practically, what use may be made ; nay more, 
what is made, of this power, by the federal executive. 

In the midst of all this waste, although repeatedly applied to, they had 
no spare engineers to survey any route for a road or canal for Tennessee 
or for Alabama. Have patience my friends, our elections are to come on 
in August, a detachment will be here in due season. Tennessee needs 
good members of Congress and members of Assembly, as well as other 
States, and the executive will have its business attended to here even if 
something is neglected elsewhere. This is a power so capable of being 
abused, already so much abused, so destructive of the purity of elections, 
that I cannot think the federal government either does, or ought to 
possess it. After what I have said, it is necessary, to prevent misconcep- 



70 MEMOIR OF HUGH LAWSON WHITE. 

tion, that I should add, it is not my intention to throw out a hint against 
any gentleman in the engineer corps. I have never heard aught to their 
prejudice; I presume they are well qualified for the stations they respec- 
tively fill, and I have in no one instance heard of any of them interfering 
in the elections, or political concerns of the country. The influence of 
which I complain is of a different description — the very fact of having 
routes surveyed for these roads and canals is calculated, and I believe 
intended, to excite expectations in different quarters of the country, that 
the present rulers are kindly disposed, and that they will, if continued 
in power, cause roads and canals to be made where it is not intended to 
make them, and where, if made, they would be of little or no importance. 

Should, however, a majority of Congress determine on making a road 
from Washington to New Orleans, which, to say the least, I doubt their 
power to do, I have no question, but the northern route, that which leads 
through this section of country, ought for many reasons to be preferred, 
to either of the other two ; and I think we have much cause to complain, 
that the engineers were not permitted to give to it as thorough an exami- 
nation, as they did to those others. 

The tariff, as it is called, was much talked of during the last winter, 
and a bill passed the House of Eepresentatives, the object of which was 
to increase very considerably, the duty upon woollens, not of the highest 
price. It was not discussed or acted upon in the Senate for want of time. 
I have never heard any public discussion of the question relative to taxes 
imposed on foreign merchandise, with a view to protect and encourage the 
manufacture of similar fabrics, in the United States. To give protection 
to a certain extent, I have never doubted the power of the federal govern- 
ment ; but this, like every other power, ought always to be exercised for 
the good of the whole ; and under my present impression I never would 
impose a tax upon a foreign article, which as a nation, we could con- 
veniently do without, where I saw, or had reason to believe, it would 
increase the price of the article throughout an extensive section of country 
and none were to be benefited by it but a few capitalists who would be 
thereby levying a tax upon a considerable portion of the community for 
their individual benefit. I should like to see domestic manufactures 
flourish ; but would never wish to see them brought into existence or 
nourished in one section of country at the expense and positive loss of 
another. 

In some quarters of the United States, I see the last Congress is com- 
plained of, because they passed but few laws. For my own part, I 
believe if the necessary laws are passed to enable the United States to 
perform promptly their appropriate functions, and to meet punctually their 
just engagements, it ought never to be cause of regret, that there is 
little legislation. As to our internal concerns, they are better understood 
and acted upon in the respective States than they can ever be in Con- 






PRESIDENTIAL ELECTIONS. 77 

gress. Indeed, there are but fewinternal concerns with -which Congress can 
properly intermeddle. It is mainly to regulate our foreign concerns, that 
the federal government was created, and it ought never to be the policy 
of those who wish well to the United States to increase the action of the 
federal government ; because, as you increase its action you increase the 
expenditure of money, and as there are but few of the States in which legi- 
timate objects of expenditure can be found, it will operate most injuriously 
that large sums should be drawn from all equally and expended among few. 
Although it is true but few laws were enacted at the late session ; yet, 
some of great importance were acted upon finally ; the bankrupt bill, 
long and ably debated, was finally negatived, a provision for a naval 
school was also a good deal discussed and finally negatived ; as well as 
many others which it were useless to allude to at this time. 

There is one other subject upon which it is natural to expect I should 
say something, and I do it the more willingly, as this may be the only 
occasion offered at present, where I can see many of my fellow citizens 
under circumstances in which it would be proper to say anything pub- 
licly ; and there is no usage of which I am aware to justify printed com- 
munications to them. I allude to the next election for President. It is 
said by the Administration and their friends that there is nothing of prin- 
ciple involved in it, that it is a mere question among men, whether A 
or B shall be preferred. In my conception, there cannot well be a state- 
ment more incorrect. The present incumbent is placed in the highest 
office known to our law, agreeably to the forms of the Constitution, in 
direct opposition to the known will of a majority of the people of the 
United States, and this, through the active agency of the man, who now 
Jills the most honorable station in his cabinet. Thus placed by their 
own management (hard words are useless) in berths which give them 
the control of the whole executive patronage of the United States, they 
believe the judicious use of the patronage, thus placed in their power, 
is sufficient to procure as many partisans as will secure the re-election 
of the present incumbent for the next term, and then, according to " safe 
precedent, 11 a suitable successor, and so on, perpetually. The true ques- 
tion is, whether the people are sufficiently virtuous and enlightened to 
govern themselves. If they are, they will at the time pointed out in the 
Constitution, by their votes, displace the present incumbent, and thus 
give a lesson not to be misunderstood, one which will teach every 
aspirant for office, that the will of the people shall not be disobeyed with 
impunity, that they are not yet so uninformed and corrupt, as to bo 
bought up with their own money and their own offices, in sufficientvnum- 
bers to enslave the majority. 

Every effort of which the opposition Congress was capable, was made 
to have the Constitution so amended, as to permit the people, in person, 
in their respective districts, to vote for the man of their choice, and thus 



78 MEMOIR OF HUGH LAWSON WHITE. 

prevent them from being defrauded by tbe faithlessness of their agents ; 
but this proposition was strenuously resisted and ultimately failed. 

That the people are the sovereigns, is our theory ; that their will, as to 
who shall fill their offices when fairly expressed, must be obeyed ; yet 
some States in the last election were misrepresented and the representa- 
tives, in defiance of the known will of their constituents, and in opposition 
to solemn public pledges, gave their votes to the present incumbent ; the 
only punishment which the people could inflict upon these faithless 
representatives was to dismiss them from further employ at the next 
election. This they have done, and yet, with this mark of the people's 
displeasure imprinted upon them, if I am correctly informed, some of 
them have lately been remunerated by the executive with offices, con- 
ferred as a reward for their treachery. As this course is pursued, let 
the people put forth their own strength, and let the President feel that 
their will is to be consulted, and not that of any set of political jugglers 
whatever. Let them dismiss him from public employ, who, with their 
offices and their money, would defraud them of their most invaluable 
privilege, that of having those to serve them, whom the majority wills 
should do so. 

If this ill-gotten power is sufficient, if offices actually given, and the 
hope of offices hereafter expected ; if money already given, and that here- 
after expected, are sufficient to procure partisans, who have management 
enough to mislead a majority, there is an end of free government ; it 
exists in name only. That is the experiment now making, that is the 
issue made up and to be tried at the next election. Let every man take 
his side — in such cases there can be but two parties, and all who are not 
disposed to come forth in vindication of the people's right and capacity 
to govern themselves, are with the coalition, who would fix upon us, 
that which is worse than monarchy itself, and yet leave us the name 
of a republic. 

On tbe subject of Internal Improvements, Judge White afterwards 
writes to a political personal friend and correspondent, March 31st, 
1830: 

Your favor giving an account of the meeting in Knoxville, on the sub- 
ject of the Buffalo and New Orleans Road came safely to hand. . . . The 
result* is creditable to the integrity and intelligence of Knox County. 
The temptation to transgress the constitutional bounds is very strong . . . 
I lament that my friend R. should not control his temper. Knives and 
pistols are silencing, though seldom convincing arguments. They ought 
never to be tolerated in a country civilized and free. 

* An expression of opinion against the propriety of building the Road (which would have 
crossed Tennessee) by federal aid. 



INTERNAL IMPROVEMENTS. 79 

This last digressive paragraph is in consonance with the writer's 
well-known and lofty sentiments upon the barbarian custom of single 
combat. 

He writes again, sarcastically, on the same Road Bill, under date 
April 2d, 1830: 

A thought upon this road :— If we are really to sell out our prin- 
ciples for pay, or if it be intended through the medium of Internal 
Improvements to give us a due share of public disbursements, how is it 
that we are to have only a dirt road at fifteen hundred dollars a mile ? 
"Wby not give us a Macadamized turnpike or a railroad ? I view it as an 
indignity to my country and my constituents. Give us as good as is given 
to others, or give us nothing, say I. I am against the power to make the 
road ; but I would infinitely rather vote for a decent one, such as is made 
for others, than for one made on this dirt-dabbing plan. 

Again, to the same, in relation to the well-known Maysville and 
Lexington Road, May 21st, 1830 : 

Several bills have been introduced, and some of them passed, requir- 
ing the United States to subscribe for stock in companies created by 
State Laws to make Roads or Canals. One of them, to wit, for making 
a road from Maysville to Lexington, in Kentucky, is now before the 
President for his signature. Great doubts are entertained as to what he 
will do with it. Some think he will sign, others that he will not. 
Without knowing anything, I hope for the last. The common impression 
is, that our opponents have had a settled plan to appropriate so much 
money as to prevent the President from paying the National Debt ; and 
it is a matter of regret that some of our political friends have acted with 
them, under a hope that their own particular counties could in a partner- 
ship scramble obtain some local advantage. 

I hope much from the integrity, firmness and intelligence of the 
President. If he yields to this corrupting branch of federal patronage, 
I shall consider the country ruined. 

The Bank of the United States was chartered in 1816. It was 
made the receptacle of the public moneys of the United States ; and 
by means of this powerful substantial aid in connection with the 
numerous branches throughout the Union, and by the skilful use 
of certain exclusive privileges, it soon became the centre and foun- 
tain of a vast and constantly increasing circulation of paper-money. 
Judge White looked upon this rapid extension as a dangerous 
stimulus to business, and as hazarding the public good by encourag- 



80 MEMOIR OF HUGH LAWSON WHITE. 

ing extravagant speculation. This was a serious evil ; but another 
which he dreaded more, was the power which the bank or any similar 
institution might exercise in controlling elections. He opposed the 
bank from principle ; as he would oppose any measure or establish- 
ment which would place it in the power of politicians, or capitalists, 
or combinations of both, to exert any undue influence upon the use 
of the elective franchise. He had been long and intimately 
connected with banks, was well versed in their nature, operations and 
tendencies ; and early and accurately augured the revulsions of 
1819-20, as well as those which followed up to 1834, as natural 
results of the operations of the United States Bank. 

It has been shown that while a member of the Tennessee Legisla- 
ture, in 1827, he opposed the establishment of a branch of this insti- 
tution in that State. At a still earlier period, when the bill containing 
the original charter of the central bank was before the House of 
of Representatives at Washington, Wm. G. Blount, then representative 
from Judge White's district (who had been his ward, and an inmate 
of his family), sent him a printed copy of the bill, asking his opinion 
of it. Judge White wrote to him, giving a decided opinion against 
it. Mr. Blount alone voted against the bill, of all the Tennessee 
delegation. 

Judge White went into the Senate in 1825, entertaining the opinion 
that the charter was both unconstitutional and impolitic ; and upon 
that opinion he uniformly acted. When the bill for the renewal of 
the charter was brought before Congress in 1832, he opposed it in a 
speech of some length, which was characterized by the public prints 
as the ablest argument on the subject made during the session. What 
state of feeling prevailed at Washington, between the friends and 
enemies of the bank, may be inferred from a letter of Judge White's, 
dated Feb. 22d, 1832; just one day before Mr. Clayton's motion to 
appoint a committee for investigating the affairs of the bank. 

Judge White says : 

Everything here is in a bustle. Nothing out of which mischief can be 
made is suffered to slumber. Ill blood is produced by almost every event ; 
and a great disposition is manifested by some to appeal to the trial by 
battle. Newspapers have, as yet, answered to let off the superabundant 
steam. As the weather grows warmer, passions will rise higher, and, I 
think, depletion by the drawing of blood, will, before long, become indis- 
pensable to restore that courtesy which never ought to be lost sight of by 
those entrusted by society with the promotion of its highest interest. No 



UNITED STATES BANK. 81 

man can tell when or with whom he is to be involved. 1 will do all that 
a prudent man ought to do to avoid difficulties, but should it be my lot to 
have them forced upon me, my reliance is, that Providence will guide me 
through them in safety. 

Judge White's speech, delivered on the 7th and 8th of June, 1832, 
of the same year, on the question of the engrossment and third read- 
ing of the bill to renew the charter of the bank, was as follows : 

Mr. President — I am pleased with the manner in which the discussion 
of this important subject has been commenced and continued thus far; 
and, although it is my intention to express my own sentiments with that 
freedom which belongs to my place, and with the frankness of one who 
has no opinion to conceal, yet I should be sorry if, in the remarks I am 
about to submit, I should unnecessarily say anything calculated to change 
the tone of the debate. 

Whether the charter of the existing Bank of the United States ought to 
be renewed, is a question which should not be blended with another 
great question, and that is, whether the high duties to be performed by 
the federal government can be discharged without the aid of a bank of 
some description* 

To the existing company the United States should, in good faith, dis- 
charge every obligation they have contracted ; up to this time they have 
done so ; and if they shall not put in operation any other bank until the 
existing charter expires, and in other respects comply with existing 
stipulations, in the meantime, no violation of their faith can be charged 
to them. 

The present stockholders, so far as they are citizens, will have had a 
complete monopoly for twenty years, and would, in my opinion, have less 
claim to become subscribers to any other bank to be created by the 
federal government, than other citizens who have been excluded from all 
banking privileges, in time past. Foreigners, who, at present, are stock- 
holders, have no claims whatever upon us. This charter was always 
exceptionable, on account of the United States being a stockholder. By 
owning stock they become the partner of a few private citizens, and give 
them the benefit of the character, resources, and influence of the whole, 
thus enabling a favored few to make profits out of the whole, for their 
own exclusive benefit; this is wrong in principle. Ours is a government 
founded on equality, and ought never to be so conducted as to give a few 

* I do not wish it to be understood, as my opinion, that a bank, chartered by Congress, may 
not be necessary to insure the correct management of the fiscal concerns of the federal 
government. On the contrary, I think it very probable, that, upon the expiration of the 
present charter, one may be devised, consistent with the Constitution, giving to the United 
States all the benefits which a bank can confer, and guard against the evils feared from the bill 
now under consideration. — Note by Judge White. 

G 



83 MEMOIR OF HUGH LAWSON WIIITE. 

an advantage over the whole. Although it may he said, all had an equal 
opportunity to subscribe originally, and therefore those who did not, can- 
not now complain ; yet, when we come to the question we are now 
considering, that of giving a new charter, this answer loses all its force ; 
because now we select a few by name, become connected with them, and 
exclude all others from any participation for an additional fifteen years. 
If we now renew this charter, because the present stockholders have 
been the partners of the United States for twenty years, the argument for 
a second renewal will become stronger at the end of the next fifteen, and 
thus we shall have created permanently a privileged class of society, who 
will have the sanction, influence, and resources of the government 
afforded them to make money at the expense of the rest of society. But 
of all partnerships, this would be the most exceptionable. The United 
Spates own seven millions of stock, foreigners, we know, own eight 
millions; how much more in the names of citizens we cannot tell, and 
the residue is owned by others, and these different interests are to be 
combined in one act of incorporation, and to be partners in banking for 
fifteen years. This ought not to be done, when our citizens have spare 
capital, which they are anxious to invest in such stock. 

There might be some apology for this course, if we were destitute of 
capital and needed foreign aid ; but this we know is not the case — our 
own surplus capital, seeking safe and profitable investments, is the cause 
of our present political discontents. During the European wars, which 
commenced soon after the formation of the present Constitution, by the 
employment of our own capital, in navigation and commerce, great addi- 
tions were made to it. The French decrees and British orders in council 
produced our restrictive measures, and terminated in the declaration of 
war in 1812. This war caused much of the capital, previously employed 
in navigation and commerce, to seek employment at home. It was 
invested in manufactures, and upon the return of peace it asked and 
obtained from Congress protection from foreign competition. This pro- 
tection occasioned new investments, and these new applications for 
additional protection, at different periods, up to the present time. We 
have no scarcity of American capital — it is fully equal to all our wants. 
Why then should we renew this charter, and give exclusive privileges to 
foreigners, when our citizens are anxious to invest their money in the 
bank, and are offering to Congress terms more favorable, than are secured 
to us by this bill ? It is said this bank has restored specie payments, 
collected your revenue, paid it out, paid your pensioners, and equalized 
exchange. 

Sir, it is the character of the United States, of which this bank has 
had the exclusive use, it is the funds of the United States, of which the 
bank has had complete control, it is the influence of our character, and 
our money, that restored specie payments, and enabled the bank to con- 
tinue them in spite of bad management. 



UNITED STATES BANK. 83 

The collection of your revenue has not cost the bank one cent. It has 
only done for you, what any bank would gladly do for an individual. 
It has received your money on deposit, when carried to its vaults at your 
expense. It has received your custom-house, and other bonds for collec- 
tion. It voluntarily paid, and received the money when due. If not 
paid, it put the bonds into the hands of your law officer, and he has made 
the collections, at your expense, and then deposited the money in the bank. 
Your drafts upon the bank have been paid, when and where presented, 
and well they might, because you had your money deposited, in every 
place where there was either a principal or a branch bank. This, in place 
of a disadvantage, must have been a source of profit to the bank, because 
upon your funds it could draw, and re-draw bills in favor of individuals, 
and secure premiums to itself. 

By the laws, the bank was not bound to pay, nor did it pay, as is be^ 
lieved, pensioners, except in States where there was either the principal 
or a branch bank. The only trouble was to pay the pensioners when they 
applied at the bank and take receipts. This service any bank would gladly 
have performed for the benefit of the deposit, till pay-day should arrive. 

As to the uniformity of our currency, every man knows that the notes 
of this bank are not, in every quarter of the country, as good as the spe- 
cie. A branch note payable at Nashville or New Orleans, is necessarily at 
a discount, in Maine or New York ; and as to the domestic exchange, it 
is always in favor of the bank, so as to enable it to receive a premium 
upon a bill, or draft, when it sells one, and obtain a discount when it pur- 
chases. 

Much credit has been claimed for the able administration of the affairs 
of the bank. Gentlemen ought to remember that this praise has been 
claimed on a scale too extensive. For a portion of the time, since this 
bank has been in operation, it has been managed as badly as any institu- 
tion ever was, under either Federal or State authority. It was literally 
bankrupt by bad management. By good fortune, at a lucky moment, the 
services of Mr. Cheves were procured, at the head of the institution ; his 
talents, his business habits, his stern integrity, and, above all, his unyield- 
ing firmness, gave to its concerns a direction, which saved it from open 
and notorious bankruptcy, and enabled it, gradually, by the whole pecuni- 
ary assistance the United States could afford, to recover its character, and 
afterwards sustain its credit. These transactions it has not been thought 
necessary to preserve, by placing them in the same volume with the af- 
fairs relating to our banks, and with which we have each been furnished ; 
but we ought, nevertheless, to recollect them, and ought to remember, 
also, that there is no certainty, but the affairs of this institution may 
again be under the direction of those equally as incompetent, or faithless, 
as any that have preceded them. 

The bank now has, and at the end of the charter will have, its transac- 



84 MEMOIR OF HUGH LAWSON" WHITE. 

tions widely spread over an immense territory. It will have many debts 
to pay, and many to collect. Until it commences winding up, those who 
have transactions with it will not generally speak out, according to the 
truth. "While it is discounting, and accommodating, it will be popular ; 
but when the hour for final payment shall have arrived, then we will hear 
of the mismanagement, if any exists ; then we will find out the bad debts, 
and how, and for what contracted. Every thing now looks well upon 
paper. We see that the bank has in circulation upwards of twenty mil- 
lions of dollars, in notes. The sum due for deposits is large ; all these 
debts are to be paid, and with what? With the funds in possession, and 
the proceeds of debts due. No man living can tell, until the time ot col- 
lection, how many of these debts are due from solvent men. Whenever 
that time shall have arrived, the country at large, and Congress, can find 
out whether this bank has been managed well or ill, with fidelity or not. 
Nay, more, we can then see, and know, whether such a bank, in its opera- 
tions, is beneficial or injurious to society. 

Every merchant, long in business, knows, that if he has done a business 
upon credit, he must, at the end of every ten or fifteen years, change his 
style, and commence a new concern, for the purpose of being able to wind 
up his old concern — he must collect his debts, and pay those to whom he 
is indebted. In no other way can he tell, certainly, whether his business 
has been profitable or otherwise. If this be true, in mercantile concerns, 
how much more so is it in the case of such a bank as this ? 

By suffering this charter to expire, a flood of light would be shed upon 
this subject, which would be of great use to society, and which would 
enable Congress to know whether a bank ought to be again chartered, and 
what ought to be the modification and improvement in the charter to be 
granted. 

Again. If we were disposed to renew the present charter, it is too 
soon to do so. It has almost four years yet to run, and then two years 
are allowed for collections. By renewing now, we put the corporation 
four years, unnecessarily, beyond our control. The main security we 
have for the good behavior of the bank, is, that at the termination of the 
charter, a renewal will be refused, unless its concerns shall have been 
faithfully managed. Why, then, should we give up this security, so long 
in advance? All our offices of trust are based upon the principle, that 
the person employed shall come, as frequently as convenience will permit, 
to the power which gave him employ, that his capacity and fidelity may 
be judged of; and, if found deficient in either, then a better man may be 
chosen in his stead. The principle is the same here, and yet this im- 
mense moneyed institution is to be made an exception, and four years in 
advance, its charter is to be renewed. 

The reason assigned for this is entirely unsatisfactory. It has been 
said, if the directors had the charter renewed, they can not only continue, 



UNITED STATES BANK. 85 

but extend their business. If not renewed now, they must begin to col- 
lect their debts, &c. A little reflection will satisfy us, that there is not 
much force in this argument. It has always been urged, in favor of this 
bank, that the paper, in which it deals, is business paper. If this be true, 
what does it want with time to wind up ? A owes B five thousand dol- 
lars, for which he gives his note, payable in ninety, or any other number 
of days. B wishes to use the money presently ; he carries the note to 
the bank, endorses it, and has it discounted. When this note falls due, 
A is notified that it belongs the bank ; he goes and pays it, and there 
is an end of the transaction. If this be the description of paper, in which 
the bank deals, it does not need any time for winding up. All that need 
be done is, to omit discounting when the charter expires, and the debts 
come in of course. But if a considerable portion of the business of the 
bank is done upon accommodation paper, no time ought to be granted. 
It is unsafe to the bank, ruinous to society, and should be discounte- 
nanced. 

The man who opens a standing accommodation with the bank, and re- 
lies upon renewing his note, periodically, by paying the discounts, be his 
business what it may, will generally be taken by sm*prise, when called on 
to pay the principal, will be ruined himself, and very often his* endorsers 
with him. 

I fear very many of the debts due to this bank are substantially founded 
upon accommodation paper. Look at the case from New York, disclosed 
in the report of the committee of the other house — the debt was contracted 
with the bank in 1831, payable by installments, the last of which was only 
due in the fall of 1836, six months after the charter is to expire. Does 
any one pretend, this was anything but accommodation paper ? I speak 
not of the purity of this transaction, but suppose it to be, as the friends 
of this institution represent it, and then say, I think; such transactions 
with banks can never be considered real business transactions, but must 
fall within the class called accommodations. 

Examine the documents upon our desks, and see the items of domestic 
bills. I am strongly impressed with the opinion, if examined, they are 
substantially accommodation paper of the most ruinous kind. On the 
1st of April, 1831, they amounted to $14,725,923. On the 1st Decem- 
ber, of the same year, they amounted to $14,853,530, with but little va- 
riation, as to amount in the meantime. This would scarcely have hap- 
pened for so long a period, unless they were in substance accommoda- 
tions. I will take the liberty of suggesting, how some of these domestic 
bills are probably brought into existence, and continued — I will take for 
my illustration, what may be the operations of the branch in my own 
State. 

A merchant needs an addition to his capital ; he procures endorsers, 
and obtains a discount for sixty days. "When his note falls due he dis- 



86 MEMOIR OF HUGH LAWSON WHITE. 

counts another, and by paying in the discount, and applying the nett 
proceeds of the last note, to the discharge of the first, he lifts it. When 
the second falls due, he is called upon for actual payment — this he can- 
not make, but offers a bill upon his commission merchant, in New 
Orleans, payable in four months ; this is received by the bank, taking off 
the discount and charging one or two per cent. ; or whatever else is the 
difference of exchange, between Nashville and New Orleans. To obtain 
endorsers for these notes, a guarantee for the bill of exchange, and to 
procure acceptance of the bill, the borrower has to pay to each of the 
persons concerned, probably two per cent. His reliance for lifting the 
bill when due, is the proceeds of a crop, which he hopes to raise, and 
ship to New Orleans, in time to meet the demand. If he is disappointed 
in whole, or in part, when the bill falls due, it is lifted by re-drawing 
upon Nashville, at the same heavy expense, incurred in the first instance, 
and thus in the shape of domestic bills drawn first one way, and 
then the other, the accommodation is continued as long as the man's 
means of paying discounts, rates of exchange, and other charges con- 
tinue ; and then he fails, and when he does, if a merchant, every farmer, 
to whom he is indebted, will probably lose his debt, and if the debtor 
was a farmer, he will probably lose his plantation, or his slaves, besides 
injuring his endorser. I have no knowledge of any transactions such 
as I have described ; but they may, and I fear do exist, if not at the 
Nashville branch, at some others. If such there are, they are injurious 
to the country, and ought to be checked. 

By permitting the question of renewal to remain for the present, we 
shall obtain information upon the subject, and three years hence can 
better determine, whether the operations of the bank are friendly to the 
community or not. 

The stockholders have weakened very much their claims to the 
renewal of the charter, by some of their transactions in time past. I 
allude now to the issuing and circulating checks, or drafts, for twenty 
dollars and under, in place of notes of the same denominations. I con- 
sider this as a plain evasion of the charter, and under very peculiar 
circumstances. When this charter was granted in 1816, the community 
suffered on account of two difficulties, relating to the paper of the State 
banks. First, if the notes in circulation were genuine, they were not as 
good as the sum called for, because the banks issuing them did not 
redeem them by paying specie. Second, the State banks were so nume- 
rous, that when a note was found in circulation, in many instances, no 
man could tell whether is was genuine or a counterfeit. The Bank of 
the United States was intended, and expected to remove both these 
difficulties. It was to pay specie, and thereby put down all State banks, 
which did not pay likewise. The fundamental articles require that 
every note issued, and put in circulation, should be signed by the 



UNITED STATES BANK. 87 

president and cashier of the principal bank. By having the signatures 
of only these two officers it was supposed that their hand-writing would 
soon become familiar to every man of business, who would thus readily 
distinguish the genuine from the counterfeit. In the course of a few 
years, the directors applied to Congress for permission to designate two 
other persons to sign small notes, as it was physically impossible for the 
president and cashier to sign the number required. Congress refused to 
grant this request — a second, third, and if I mistake not, fourth applica- 
tion of the like kind was made, and refused ; at all events not granted. 
After this, in the year 1826 or '27, the directors searched in the charter, 
for what is called a new combination of their powers, and these drafts 
were devised, to be used as substitutes for small notes. These drafts are, 
in form, bills of exchange, bearing the signatures of the presidents of the 
respective branches, addressed to the cashier of the principal bank, and 
requiring him to pay upon demand, the amount specified. The circula- 
tion of them as a substitute for notes, is a plain violation of the charter. 
It takes from society, without the consent of Congress, that security 
against counterfeits, which was given by the charter. "We must not, in 
examining this point, confound two things which are separate and dis- 
tinct. Whether the bank is bound to pay these drafts, when presented 
at the principal bank, is one question which I answer in the affirmative. 
But whether these drafts furnish the uniformity of paper currency, the 
same security against counterfeits, which the notes would do, is a very 
different question, which I answer in the negative. There are now how 
many branches ? Seventeen is it ? I have not counted. No, says Mr. 
Benton, twenty-five. Well then ; the holder of one of those drafts runs 
twenty -five times as many risks of having counterfeit paper put on him, 
as Congress intended he should run. This, I say ought not to have 
been, and still I have all respect for the learned counsel, who were 
consulted, and who I doubt not are entitled to all the respect and 
character which society has awarded to them. It cannot escape notice, 
that the stress of the opinion, is placed upon a point, upon which I think 
there can be no doubt, the liability of the bank to pay, and the other 
point, the want of uniformity in signatures to the paper currency is 
almost entirely overlooked. My respect for those counsel I know, and 
for the character of the one I am unacquainted with, constrains me to 
think, if the true question had been directly put to them, they would 
have given such opinions as I now insist conform to the true construc- 
tion of the charter. 

For a moment let us examine the excuse sot up for this evasion — 
" That the president and cashier were not able to sign a sufficient num- 
ber of notes." Be it so ; and what ought they to have done ? Surely 
not to have issued these checks, they ought to have signed as many 
notes as they could, and to have used specie, when they had not a suffi- 



88 MEMOIR OF HUGH LAWSON WHITE. 

ciency of notes. This would have conformed to the charter, been very 
acceptable to the public, and have been in furtherance of the great 
object in establishing the bank, that of restoring to society a specie cur- 
rency. Besides, it would have been actually testing the utility of the 
excellent experiment spoken of by the Senator from Massachusetts, Mr. 
"Webster, that of ceasing to circulate any notes as" low as twenty dollars, 
and using in their place, a specie circulation. 

It appears to me that the use made of these checks, is highly injurious 
on another ground. The effect of such a circulation in the South and 
"West, is to remove from those sections of country the whole of the 
specie, which can be collected there, and leave us nothing but a paper 
currency composed of those checks. 

I assume it as a fact, that every one of those drafts or checks, is upon 
its face, made payable by the cashier of the principal bank. They are, 
therefore, payable in Philadelphia, and payment cannot be legally 
demanded in the first instance, at any other place. "What then is to be 
the inevitable result ? The specie must be withdrawn from the branches, 
which circulate these checks, and taken to Philadelphia, and be there in 
readiness to lift them, when they arrive. So far as common people are 
concerned, this will never happen. No man will ever travel from 
Louisiana, Tennessee, or Kentucky, to Philadelphia with a note of five, 
ten, or twenty dollars, to demand the specie for it. He would save 
money by putting it in the fire, in preference. As matter of accommo- 
dation, as long as the specie would hold out, the branches would no 
doubt give specie for them, but that must soon fail, and then the holders 
will be told, we have sent the money to Philadelphia, to lift them, 
whither you must go. "We have at present hardly any small notes in 
circulation ; nothing but these checks. I do not believe I have seen a 
single note for five or ten dollars in Tennessee for the last two years. 
No inconvenience has as yet been experienced, because you can get the 
specie for one of them, in any merchant's shop you step into : but this 
must soon cease : the specie will by the circulation of such paper be all 
withdrawn, and you will have a paper medium, and no specie within 
any reasonable distance. The very process of which I am now speaking, 
is, and has been going on ; the documents upon our table prove it. In 
a letter under date of 24th December, 1831, from the cashier of the prin- 
cipal bank, to the cashier of the New Orleans branch, found at page 516 
of the report of the minority of the committee, we find this language : 
"On every account we should, from present appearance, desire to be 
reinforced by all the means which you can throw into our hands, and 
would therefore recommend, that your local discounts should be pru- 
dently and gradually reduced — a course, which circumstances with 
you evidently favor; and that you should extend your operations in a 
corresponding degree in exchange, and afford us large supplies of specie 



UNITED STATES BANK. 89 

to meet your circulation, as it comes in at the North." Can any one 
doubt what this means ? It is the same thing as if ho had said, your 
circulation, these checks, are payable at the North, here; send us on 
large supplies of specie with which to pay them. 

At page 205, of the report of the majority of the committee, we see 
the actual operation, as it is going on. In 1831, the amount of specie sent 
from the branches to the principal bank was $3,628,853 76. In 1830, 
it was $3,653,202 13. In 1829, it was $2,673,115 97. In 1828, it was 
$2,055,756 78, and in 1827, it was $1,787,049 18. This is the year in 
which the checks first began to be used, instead of notes, as a circulating 
medium. To me it is obvious, that by continuing their use, and with- 
drawing the specie, we shall have nothing but paper, near the branches 
of the "West and South. 

It may be asked what benefit the bank can derive from this process ? 
The answer is obvious. They can extend their discounts, and make 
more money. In 1827, when they began to issue them, their notes in 
circulation were upwards of $18,000,000. Since then, they have 
extended to from twenty to twenty-four millions of dollars. The bank 
can safely put in circulation, far from the place of payment, a much 
larger amount of these drafts than they could of notes made payable 
where they were issued. I cannot but consider what has been done in 
this respect, an evasion of the charter, highly injurious to society, and 
done under circumstances calculated to take from the bank all claim to 
a renewal of the charter. The honorable chairman of the committee, 
which reported this bill, has told us, that the committee did not feel 
called upon to investigate how the bank had been conducted. Because, 
says he, if a public officer abuses his trust, that is no reason why you 
should abolish the office, etc. ; and added, he had no doubt, if they had 
inquired, it would have been found> that the bank had been faithfully 
and ably conducted. 

"While I admit, that if a public officer abuses his trust, that is no 
reason why you should abolish the office, then the remedy would be to 
turn out the faithless officer, and put a better man into the office neces- 
sary for the public interest, I deny entirely the analogy of this case. 
Here I say, if the directors have abused their trust, and the stockholders, 
after knowing the fact, continue them in office, the charter ought 
to be rescinded ; at all events, it ought not to be renewed, when it 
expires. 

I urge these considerations against renewing this charter at any time, 
and especially at the present time, in addition to other conclusive reasons, 
urged a few days ago, by the Senator from Missouri (Col. Benton), and 
which I shall not repeat. 

The great questions still remain to be considered : 

1st. Is it proper, at any time for Congress to incorporate a banking 
company, vesting it with the powers which this bill confers? 



90 MEMOIR OF HUGH LAWSON WHITE. 

I am free to declare, that in preference to vesting such powers in any 
company whatever, powers which may be used to such pernicious pur- 
poses, even if I believed I had the power to do so, I would trust the well- 
doing of this government, and the people, to a specie currency alone, and 
to such facilities as banks incorporated by the respective States may be 
able to afford. 

It will operate as a conductor, to carry off all the circulating medium 
from those sections of country, principally agricultural, where few or no 
stockholders reside ; and place it down to be used in those sections of 
country where stockholders may be found. Take, for example, the opera- 
tion of the branch bank at Nashville. It is now doing a business of 
from four to five millions of dollars — suppose it to be four and a half 
millions. The common interest upon that sum would equal two hundred 
and seventy thousand dollars per annum. All these profits are made 
from those living convenient enough to the bank to be its customers. At 
the end of each six months, they are taken and distributed among the. 
stockholders. In Tennessee we have only three or four stockholders, own- 
ing some two or three hundred shares. Nearly the whole of this sum 
must therefore be taken from that State, and paid over to persons residing 
in other States, and in Gh'eat Britain. This operation is to be continued 
from year to year, so long as the charter lasts ; and ere long, will, as I 
think, withdraw from our use the whole circulating medium we possess. 
The same effect must be produced in every other State, similarly circum- 
stanced. What benefit does the bank confer equivalent to this loss ? In 
most cases I think none. Banks are generally of no use in countries 
highly agricultural. They are of use to those engaged in commerce, 
whose business is increased by anticipating their funds, who handle 
money freely, and can be punctual. The farmer whose profits are small, 
and long coming into possession, is generally injured by the bank, from 
which he obtains an accommodation. The longer he borrows the worse 
he gets, and after paying interest for several years, it too frequently 
happens he is compelled to sell his home, to liquidate the debt thus con- 
tracted. 

Suppose it to be a merchant who borrows with a view to aid his 
capital. Where he has so many to compete with, who have capital suffi- 
cient of their own on which to do business, it will seldom happen that a 
bank accommodation will enable him to succeed ; most usually it gives 
him a false credit, which he will use in purchasing produce upon credit, 
by promising something more than the cash price : eventually he fails, 
the bank may collect its debt, either from the drawer, or his endorser, 
but the farmer loses the debt due for his produce. The bank may give 
the appearance of prosperity to the country, it may enable people to pur- 
chase or improve lots in a town, or to build houses on farms in the 
country ; but this appearance will, in the end, be found deceptive. These 
houses and lots, and these plantations, thus improved, will generally 



UNITED STATES BANK. 91 

change owners, and all the benefit the borrower will receive will be the 
honor of having had an account with the Bank of the United States which 
has stripped him of his possessions, and thus prepared him to seek a new 
home. 

Believing, therefore, that a charter such as this, authorizing two 
branches if the directors choose, to be established in each State, without 
the consent of the legislature, may, and will, prove a means of impover- 
ishing the citizens of many States for the benefit of others, I cannot, and 
will not vote for this bill. 

It is idle to insist that we must have this bank to enable the farmers to 
sell their surplus produce. Take away the bank to-morrow, and every 
man who has produce for sale will find, if it is in demand, that those 
who wish to purchase will send their agents, with funds, into the market, 
who will purchase and make prompt payment, as was the case before the 
bank was established. When there is no demand for the produce, no one 
will purchase, whether there is or is not a bank. "With the immense 
capital furnished this bank, all concentrated in, and controlled by the 
same persons, backed by the deposits, the name and influence of the 
United States, this bank will have the power at any time it chooses to 
exert it, to take to itself all the active capital of the State hauls, in all 
places not very highly commercial ; therefore it may, and probably will, 
be the place, at which all men of business and influence, in the Union, 
will do their business, and obtain their accommodations. 

Is it to have power to establish as many as two branches in each State, 
without the consent of the State, and to withdraw them at pleasure ? 

The directors of the principal bank appoint whom they please as direc- 
tors of the respective branches, and can change them at pleasure. Seven 
directors at the principal bank constitute a board, and four of them will 
form a majority. 

Already it has its operations throughout the whole country, presently 
they will be extended into every corner of society. 

Suppose the directors to wish their charter changed, so as to suspend 
specie payments, or any other alteration made ; or suppose them to wish 
a tariff changed, the price of the public lands made higher or lower, or 
any other public measure carried, can they not control the Congressional 
and State elections whenever they choose? Yes, less than one half-dozen 
men, seated in the principal bank in Philadelphia, will have the power, 
if they choose to exercise it, to have the same story in praise, or dispraise, 
of any man, or set of men, put in circulation in every neighborhood, in 
every State in the Union, at any hour of any day in the year, they please ; 
and what makes this power the more terrific is, that no one injured will 
be able to find out the source from which the injury originates. Thus 
any man may be put in or out of office at the will of this bank, and of 
course any measure carried or defeated, as these directors may think will 
best answer their purposes. 



92 MEMOIR OF HUGH LAWSON WHITE. 

Again, suppose a man elected President of the United States, not dis- 
posed to promote the puhlic good, but to pursue his individual interest, 
and that of his friends, at the public expense, and to have an under- 
standing with the directors of the bank, that so long as he or his friends 
should continue in office, the interest of the bank should be promoted. 
Could he ever be displaced ? I fear not. "When you array all the patronage 
of the federal executive, and all the influence of this moneyed institution 
on one side, and have nothing to oppose to it but the ill-arranged and un- 
organized action of the common people, the country may well tremble for 
the result. "We have now exhibited a curious spectacle to the American 
people ; the President a candidate for re-election, and daring to speak his 
opinions in opposition to this institution : it is what I never expected to 
witness ; and let the approaching election terminate as it may, the youngest 
amongst us will not live long enough, in my opinion, to witness the like 
again. In all time to come, the President and directors of the bank, will, 
as I fear, think alike and act in concert, on all subjects interesting to 
either, and doing so on the days of election, will be an over-match for 
any influence which can be brought to bear against them. 

I have heard some intelligent men say, we would gain but little by put- 
ting down this bank, because, then the public deposits must be made in the 
State banks ; and through that medium, there would be as much danger 
of influence as from this bank. Sure I am, those gentlemen had not suffi- 
ciently reflected on this subject or they would have perceived the immense 
difference in the cases. Glance at them, for a moment. If you place the 
deposits in State banks, your whole funds will be divided among so many 
as to afford but little temptation to any one. Suppose one or two to be 
tempted, by these deposits, to interfere improperly in politics, the rest 
would remain sound, and little or no mischief could ensue. The number 
to be misled is so great, and so divided, that, having no common connec- 
tion with each other there is little or nothing to apprehend. But in the 
case of the Bank of the United States, it must withstand the temptation 
of your whole funds, because the same institution is to have your whole 
deposits. Again — procuring the cooperation of a majority of the directors 
of one single board accomplishes everything ; they would manage their 
respective branches, and the branches their customers, throughout the 
whole community. The number to be approached and misled by the 
executive is so limited, that there is infinitely more to apprehend in the 
latter than in the former case. 

Should it ever again be our misfortune to be involved in a war with 
any foreign power, will not this bank compel you to make peace, when- 
ever it chooses, upon any terms it may dictate. 

It will have command of the whole active capital employed in any 
banlcs. Without money, we cannot successfully prosecute any war. How 
could these funds be procured? There is no provision in this bill, or the 
original act, by which the bank is bound to loan the government one 



UNITED STATES BANK. 93 

dollar. It is prohibited from loaning more than five hundred thousand 
dollars, without an act of Congress to authorize it. But if an act should 
be passed, requiring a loan, there is no obligation on the bank, to advance 
a cent, even of your own seven millions, vested in stock. Suppose this 
bank to have existed during the late war with Great Britain, and the 
stock to have been owned by British subjects, and by our own citizens, 
who thought it so unjust, that they esteemed it immoral to thank the 
Author of all good for our victories — does any man believe we could 
have procured a loan from this bank ? No, sir. You could not have 
procured enough money to have loaded a musket, or to purchase a ration. 

This bank now has, and will continue to have, under this charter, a 
complete control over the whole circulating medium, in the United States. 
At its will, money will be plenty, or scarce. The value, therefore, of 
every man's property, is in its poAver ; it may be enhanced or depressed 
at pleasure. Should the directors, or their friends, have property to sell, 
they can make money abundant, and secure an extravagant price. Should 
they wish to purchase, they need only limit the discount, press debtors for 
payment, make money scarce, and purchase at their own prices. 

They will have a monopoly, in bills of exchange, both foreign and 
domestic, and can regulate exchanges, to suit the interest of the bank. 
They can make premiums high, or low, to suit them, or they can in any 
week change the rates, in most cases, so as to purchase at discounts, when 
they had, a few days before, been selling for an advance. 

Mr. President, is it sound policy ? Is it.consistent with the freedom of 
election? Is it just to the rest of the community, to create or continue, any 
corporation, vested with such powers ? Surely not. By the abuse of them, 
liberty may be endangered, if not destroyed, and our property sacrificed. 

It is not a sufficient answer to these arguments to say, none of these 
mischiefs have happened ; the directors are men of integrity and high 
character ; therefore, all is safe. I say no. There is no certainty how 
long the management of this bank may be in the hands of the present direc- 
tors. To-morrow we may have dishonest directors ; those who will pursue 
their own interest, and that of -the stockholders, regardless of the public 
welfare; and we are safe only when no powers are given which can be 
used to the prejudice of society. 

Mr. President, there is one other question on this bill, which is surely 
worth consideration: I mean, the power of Congress to incorporate this 
bank. The Honorable Chairman of the Committee has told us, this 
question u is gone by," "is settled." It may be so, with some; with me, 
it is otherwise. I have been taught, that " a frequent recurrence to 
fundamental principles is essential to liberty." "Why shall we recur to 
them, if we are to give up our own opinions, and make the opinions of 
other men the rule of our conduct. Acts of the legislature, containing 
general rules, must be expounded, and applied to individual cases, by the 



94 MEMOIK OF HUGH LAWSON WHITE. 

decisions of courts of justice. After a settled train of judicial decision, 
on any contested point, those decisions expounding the statute, in courts, 
are as much esteemed the rule for future decision, as the statute itself. 
But this is not so, in any legislative body. I admit, everywhere, if a 
man is called upon to act, and after exercising his best judgment he 
is in doubt how he ought to act, when he can find what other en- 
lightened men, acting under the same obligations with himself, have done, 
in the like cases, he ought, as a reasonable man, to conclude, he will most 
probably be correct, if he follows in their footsteps. But if, after exam- 
ining the subject fully, he is convinced that they were mistaken, I deny 
that he is justified in following others in error. How, then, can it be 
said this question of power is gone by, is settled, not to be thought upon, 
nor talked about. Sir, it is not settled. It is a vexed question. This 
power has always been contested, from the formation of the Constitution 
to this moment. In Congress, in courts, in society, it now is, and ever 
has been, disputed. In 1791, when the old Bank of the United States was 
chartered, the power was denied, by those who aided in framing the 
Constitution. The argument Mr. Madison then made, has never, as I 
think, been satisfactorily answered. But a majority of Congress affirmed 
the existence of the power, and acted upon it. General Washington 
consulted his cabinet, and they were equally divided, two and two. The 
judicial decisions affirmed the power, and when that charter was about 
to expire, an application was made to renew it. What did Congress then 
do ? Did it conceive the question was gone by, settled, and that nothing 
was to be done but to follow on ? No, sir. The power was given, con- 
tested, and negatived. Here, then, is precedent the other way. Thus 
the matter rested, till during the war ; there was then an attempt to get 
up a bank, and it failed. After the war, at the session of 1815-16, this 
bank was chartered. But the power was contested ; and those about to 
use it were emphatically told, that in 1811, they had themselves deter- 
mined, they did not possess the power. 

The judicial decisions have affirmed the power, confirmed by this 
charter, as they did that confirmed by the act of 1791 ; but the opponents 
of this bank cannot now be told, that this question is settled, with any 
more propriety, than those were so told in 1811, when then the question 
of re-charter occurred. Indeed I have always thought the granting the 
charter in 181G, ought to weigh very little. The time was unfriendly to 
correct constitutional opinions, as to federal powers. The war was just 
ended ; those who had struggled through it, had their minds toned for an 
exercise of federal powers, at which they. would have hesitated in time 
of peace. Only the year before, 1814 and 1815, they had a project for a 
great paper bank, which was on the eve of passing. Would they have 
dreamed of such a power, in time of peace? I think not. The giving 
this charter, then, in 1810, ought not to weigh much on the question of 



UNITED STATES BANK. 95 

power. It was an act of necessity, in the opinion of a majority, and they 
were spurred up to the exercise of this power, by the contest through 
which the country had just passed. 

Under all these circumstances, I think, I treat with no disrespect, the 
opinions of enlightened men, who have affirmed this power to be in 
Congress, when I say my mind has arrived at a different conclusion, and 
that I feel bound to act upon the best judgment I have been enabled to 
form myself. 

If then, we are yet at liberty to examine the Constitution, and to form 
an opinion, whether we have the power to create such a bank as this, 
may not those opposed to it ask, respectfully, of its advocates, to point 
to that clause which confers this power ? 

We all know what the answer to such request must be, that no such 
power is given in express terms, but it is necessary that Congress should 
exert this power, otherwise effect cannot be given to other important 
powers, which we are obliged to exercise for the public good. 

"We ask what they are, and one gentleman says — Congress is authorized 
to levy and collect taxes, and provide for the common defence and general 
welfare. 

Another, that Congress has the power " to coin money and fix its value 
and the value of foreign coin, and to regulate the standard of weights and 
measures," and this gives a complete power over the whole monetary 
system of the United States. 

A third, that the power to coin money, emit bills of credit, and to 
make anything but gold and silver a tender in payment of debts is ex- 
pressly taken from the States ; and, that therefore, Congress must have 
the power now claimed, &c. These positions have each been separately 
examined, and, as I think proved, in argument, to be untenable. 

In 1791, Mr. Madison's argument in the House of Representatives, and 
Mr. Jefferson's opinion in the Cabinet, placed this in a stronger light than 
anything I could say would do, and on their arguments I very much rely. 
In 1811, the arguments of other statesmen enforced their doctrine, in a 
manner I can never hope to imitate ; and I do not propose to fatigue 
the Senate, by repeating the arguments which they have used, and which, 
in my opinion, have never been satisfactorily answered. 

But, sir, I may be permitted to ask, if we infer the power to create a 
bank such as this is, what power may not be inferred ? The United States 
have a power to declare war — to have an army and navy. We cannot 
make a successful war, unless preparations are made in time of peace. 
Arms and ammunition are essentially necessary — why not incorporate 
a company to make arms, to smelt lead, and to make gunpowder? 
Clothing and blankets are necessary for your troops — why not incorpo- 
rate companies to manufacture them ? Provisions are essentially neces- 
sary to feed the troops — why not incorporate companies to procure lands, 



96 MEMOIR OF HUGH LAWSON WHITE. 

to raise grain, and to rear stock ? The power to incorporate companies for 
these purposes could be presumed with better reason than the power to 
incorporate a bank. 

We are to presume that we have a power to incorporate stockholders 
for a bank ; because a bank is a necessary and proper means to collect, to 
keep safe, and pay out the revenue. Is it not fair to say, if you create a 
bank for such purposes, we ought to confine its operations to these duties ? 
But when once created by implication, instead of confining it to these duties, 
we confer upon it other important primary powers, and the performance 
of these governmental duties are the least part of its business; mere 
incidental matters, hardly worth notice. We presume the power to make 
the bank, and having made it, presume we have the power to keep its 
paper pure, and therefore presume we can pass laws to hang or imprison 
those who counterfeit its notes, and the human mind can hardly fix any 
limits to the presumed powers, which may be created from the first 
construction. 

In my opinion a very erroneous impression has got abroad, founded 
upon the supposition, that bank notes are currency. The Constitution of 
the United States never contemplated any currency as legal but a metallic 
currency. No other is constitutional, nor can any other be made legal. 

The United States have a power to coin money, and to fix the value 
thereof, and to fix the value of foreign coin, and to regulate the standard 
of weights and measures. 

No State shall have power to coin money, emit bills of credit, or make 
anything but gold and silver a tender in payment of debts. 

From these sections some have argued, the Constitution intended to 
give Congress the power over the whole cu.rrency. 

I agree to this position, and think such was the intention of those 
who framed the Constitution ; but the question recurs, of what was that 
currency to consist? I say not of paper of any description. It was to 
consist of metals, and those metals were to be coined in the United States, 
and their values fixed by lata, or they must be coined in some other 
country, and their value fixed here by our laics, and by the same power 
made current. I admit the currency we actually have is mostly notes, 
either of the Bank of the United States or of some of the State banks ; but 
I deny that this paper is any more a legal currency within the meaning of 
the Constitution, than a negotiable promissory note or a bill of exchange 
would be. Bank notes are used by society, instead of gold and silver, 
for convenience, by common consent — having no constitutional or legal 
foundation whatever as a standard of value, nor can any such effect be 
given to them by either federal or State government ; all must agree that the 
States have no power to make a man take bank notes in payment of a debt. 
I put this question, Can the federal government do so? I say no. Con- 
gress have no such power. Taking such power from the States, does not 



UNITED STATES BANK. 97 

necessarily confer it upon the federal government, because the United 
States have an express power to make metals currency, and nothing is 
said about a paper currency. 

I admit Congress has the power to compel their own officers to receive 
bank notes or anything else they choose, in discharge of debts, due to the 
United States, but deny that they have any power to compel A to receive 
from B any description of paper whatever, in discharge of a debt due to 
him. What then becomes of this power to create a bank, because we 
have the power to regulate the currency, when that currency is to be, 
according to the Constitution, nothing but specie ? It vanishes. 

Under the articles of confederation, an express power had been given 
to Congress to emit bills of credit. This power had been liberally used ; 
too much so, as was believed, for the benefit of society. In framing the 
present Constitution, the convention determined to guard against the 
exercise of any such power in future, either by the State or federal 
government. Therefore, by express words, they took from the States the 
power to emit bills of credit ; and amended the draft of the Constitution 
submitted to them, which confined the power to emit bills of credit, by 
striking those words out. (Journal of Convention, pp. 75 and 256.) Thus 
by taking from the States this power, and refusing to give it to Congress, 
they believed society was secured in a metallic currency, and guarded 
against everything else. 

"We have the express testimony of Mr. Madison, a member of the con- 
vention, of Mr. Martin, another member of the same body, and of Mr. 
Jefferson, a member of President "Washington's cabinet, that in the con- 
vention there was an attempt to give Congress the power to incorporate 
a bank, and it was refused. 

The journal containing the proceedings of that body is now published ; 
and we find that, on three several occasions, an attempt was actually made 
to give to Congress the power to pass acts of incorporation, and it was 
uniformly refused. 

It seems, therefore, clear to me that the convention did not intend to 
give the power, now claimed, to Congress ; and that we have no right to 
vest ourselves with such a power by construction. 

In my mind, there are many provisions in this charter violative of the 
Constitution. The United States themselves cannot purchase and hold 
lands in any State, without the consent of such State ; yet this charter 
authorizes this corporation composed in part of aliens and of the United 
States to do so. The friends of this bill have solemnly refused to insert a 
provision, by which the States can impose any tax upon the capital 
employed within their limits, although such States will be bound to 
protect the persons in the employ of, and the property belonging to, this 
institution. 

The bill gives a monopoly to this company for fifteen years, which is 
not only odious, but against the genius of the Constitution. 

7 



98 MEMOIR OF HUGH LAWSON WHITE. 

It confers upon this corporation the power of regulating the currency 
of the country, which is an attribute of sovereignty that Congress has no 
power to transfer to our citizens, much less to foreigners. 

The whole emoluments of this bank will go to these stockholders ; they 
have had, and are still to have, all your public money, on which to do 
business ; and by a vote of this body they are to pay no interest whatever 
for the use of these funds. We thus take the money of all for the benefit 
of a few. 

But it is said, we are benefited by a sound currency in peace and in 
war, and by having an institution to which we can have access for loans, 
in cases of emergency. 

How is this matter? "When we had the quasi war with France, in 
1798-9, we had a bank, and yet had to borrow from individuals at an 
interest of eight per centum. In case of another war, we cannot obtain 
loans from this bank, unless specie payments are suspended. Look at its 
condition, after it has been in operation fifteen or sixteen years in time of 
peace. It now has notes out for upwards of twenty millions of dollars, 
owes large deposits, and has from seven to eight millions of dollars only 
in specie. In case of war, suppose you wish to borrow ten, twenty, or 
fifty millions of dollars, could it loan you, and continue to pay specie? It 
could not; you must again have paper money or no money. Your bank 
could not hold out six months and pay specie. 

During the last war, when every resource was likely to fail, a bank was 
thought of, and what kind of a one was it to be? A paper bank. So 
will this be — if we have a war, and are obliged to borrow a hundred mil- 
lions of dollars. 

"Who abused the rags of State during the war ? The enemies of the 
United States, not this government. 

The government sanctioned the suspension of specie payments. It 
was then patriotic to aid the government ; without a suspension of specie 
payments, these loans coidd not be made. "Without these rags, we could 
not feed, clothe, or pay a single soldier. Paper money carried us 
through the "War of Independence ; paper money got us through the last 
war ; and if we have another war of much duration, we will have paper 
money the third time. But as soon as peace returns, we will do as we 
have done in time past, work ourselves into hard money, into a sound 
currency. 

Sir, if we are to have this bank with these extraordinary, and, as I 
think, unwarranted powers, it may bear down all before it ; like other 
institutions, it will use its powers for the benefit of the stockholders. It 
has been said, Corporations have no souls. If this one does not injure 
society it will be an exception ; it must have more soul and better feelings 
than belongs to mortals. "We need not fret about the Tariff, or the prioo 
of public lands; let it unite its influence with other capitalists, and all 
can be managed as they choose. Look at the inducements it has to do 



UNITED STATES BANK. 99 

so. It is to have all your public money on deposit, without interest. 
The higher our taxes, the larger the deposits ; the more the deposits, tho 
greater will be the profits of the bank. For the last several years, tho 
United States deposits have averaged from six to eight millions of dollars. 
The bank will have an interest in not having them less. If the directors 
act correctly under such strong temptations, they will be justly entitled 
to higher eulogiums than any their warmest friends have yet pro- 
nounced. 

That Judge White's private sentiments were similar to these 
spoken opinions, if such proof were needful, would appear from the 
following letter to an intimate friend in Tennessee, written about this 
time : 

The Bank bill is before the House of Representatives. It will without 
doubt be passed there, and there is much speculation as to what the 
President will do. I do not profess to know more than others of his 
opinion on the subject, but am as certain that he will put his veto upon 
it, should it be presented to him in the shape it left the Senate, as I can 
be of any future act that depends upon the will of one man. 

We will then see whether the bank will or will not endeavor to con- 
trol the election of the next President. If it does, I hope it will open the 
eyes of the public, and enable every man to see the danger of such a 
moneyed corporation, with such immense powers, and large funds in a 
free country. 

From the newspapers it appears that Mr. Baring, one of our foreign 
stockholders, is spoken of as a probable member of the new ministry in 
Great Britain. It is a curious spectacle that an American Congress 
should be incorporating a company, in which foreigners own eight 
millions of stock, the United States themselves seven millions, and 
private citizens twenty millions, and that at the very same time, in 
Great Britain, a whig ministry should be turned out, and in the forma- 
tion of a new tory ministry, one of the foreign stockholders in this 
American company should be likely to be selected as a member. 

Much as I like money and good company, I should blush to see my 
name on the fist of American stockholders, but that is only because I do 
not feel that my God did me injustice in not causing me to be born a 
nobleman. 

The bill passed ; and as was anticipated, the President vetoed it 
This measure Judge White did not fail to foresee. He writes to a 
friend, dated June 18th, 1832 : 

The Bank bill is in the House. I have no doubt it will pass. 



100 MEMOIR OF HUGH LAWSON WHITE. 

The President will be as certain to put his veto upon it as that it is pre- 
sented to hirn at the present session in its present shape. I, of course, 
speak my own opinion, without pretending to know more than is known 
to every one who has read the public documents ; but I calculate upon 
his course with as much certainty as I can upon that of any man whom 
I have neither inclination nor power to control. 

My calculation is, that he will veto the bill ; and that the bank will 
endeavor to defeat his election ; and that that attempt will open the eyes of 
the people as to their danger, and that they will put down the bank 
entirely. If they (the bank) shoxild take the veto and still support the 
President, it will be their strongest recommendation to favorable notice 
at a subsequent day ; but this I am sure they will not do. 

My arguments against it are written and with the printer to be pub- 
lished in pamphlet. A job printer is publishing them. I will not 
degrade myself by any intercourse on the subject with the editors of 
the principal papers here, considering the manner in which they have 
conducted. 

P. S. You may wash up the types,* it will be a more angry and 

bitter political contest than you have either witnessed or heard of. 

Again, dated July 2d, 1832. he says, of the reported plans of the 
friends of the bank : 

The chit-chat is, that if the President vetoes the bill, enough of mem- 
bers opposed to the bank will for one cause or another be absent, to let 
the bank have two thirds in each House to pass the bill, the veto not- 
withstanding. I hope these insinuations are without any foundation in 
truth. It seems to me that such a course would, and ought to excite 
public feeling to a higher pitch than usual. 

July 10th he writes from the Senate Chamber, to the same cor- 
respondent : 

The Senate have this moment received a message from the President, 
returning the bill to continue for fifteen years the charter of the Bank 
of the United States, with his objections to its passage. It is a lengthy 
and plain document. To-morrow at 11 o'clock the Senate will proceed 
to reconsider the subject. If the Senate is full, and the members retain 
their former opinions, this bank falls for the present. 

Upon the receipt of the veto message in the Senate, Mr. Webster 

* His correspondent was editor of a newspaper in Tennessee. 



UNITED STATES BANK. 101 

opened the debate, commenting upon the President's objections, and 
arguing again in favor of the bill. Judge White replied, fully sus- 
taining the course of the President upon this important occasion. 

Judge White's remarks, delivered July 11th, 1832, were as 
follows : 

Mb. President : — Pressed as we are for time, I must crave the indulg- 
ence of the Senate, while I attempt some answer to the matters urged by 
the senator from Massachusetts to the message accompanying the bill, now 
to be re-considered. 

I rejoice that for once we have a document from the present Chief 
Magistrate, acknowledged by the opposition to be frank, plain, and sus- 
ceptible of only one interpretation. Heretofore, the common complaint 
from that quarter has been that his important communications were so 
worded, as to be interpreted one way in one section of the country, and 
a different way in another. Here it is admitted we have a document so 
worded, as to be understood every where alike. The honorable senator 
thinks this frankness on the part of the Chief Magistrate ought to be met 
in a corresponding spirit, by those who differ from him in opinion. Ap- 
proving of this course, I shall endeavor to be equally as explicit, in what I 
propose to say in answer to his argument. 

The senator thinks if the charter of this bank is not renewed, ruin to 
the country is to be the consequence, because the bank must wind up all 
its concerns. This is nothing but the old argument used in 1811, when 
the then existing bank applied for a renewal of its charter. Distress to 
the community, and ruin to the country were predicted by the advocates 
of the bank. The predictions were not verified. The capital employed 
in the bank was not annihilated. It still existed, and in loans to indivi- 
duals, or in some other shape, it was applied to the uses of the community. 
Debtors sought, and obtained accommodations elsewhere ; as the notes of 
that bank were withdrawn from circulation, their places were supplied 
by specie, or the paper of local institutions, and little or no inconvenience 
was experienced ; and such will be the case again, should the charter of 
this bank be allowed to expire in 1836. Debtors, worthy of credit, will 
obtain accommodations from either individuals or other banks, and dis- 
charge their dues to this, and as the notes of this bank disappear, their 
places will be supplied by specie, or the paper of other banks, and the 
mass of the com.-iunity will, in a short time, hardly be sensible that the 
operation of w h\. ng 'up has been performed. "We have been told, that 
in the Yl ' j of Mfsissippi alone, there is due to this bank, thirty mil- 
lions of dollar. Twenty millions for loans made, and ten millions for 
domestic bills of exchange. That the press occasioned by the collection 
of this debt, will be too severe to be borne. The charter has almost four 



102 MEMOIR OF HUGH LAWSON WHITE. 

years yet to run, and then two years are allowed for collections, making 
nearly six years. How often have we been told, during this session, of 
the general prosperity of the country, and especially that part of it in the 
Valley of the Mississippi. If these statements have any resemblance to the 
truth, it ought to he entirely within the power of these debtors, in five or 
six years, to adjust and pay whatever they may owe. I must repeat what 
I said on a former occasion : If these debts are real transactions, the ad- 
justment of them will be a simple operation. The paper evidencing 
these debts will be paid at maturity, and let the bank be careful not to 
discount when the charter is near expiring, and the whole object will be 
accomplished. If the transactions are not real, but fictitious, and the 
paper discounted has assumed the appearance of business paper for the 
purpose of obtaining permanent loans, in other words, standing accom- 
modations, the sooner the truth is known the better to all concerned. 
The community has a deep interest in this matter ; false credit, given to 
individuals by false appearances, is an injury to society, and of no actual 
benefit to individuals, and the sooner such transactions are brought to a 
close, all the better — the fewer will be the number of sufferers. 

If I am not very much mistaken, this opinion was, some years ago, ad- 
vanced, in a report from a Secretary of the Treasury, whose opinions 
upon such a subject are entitled to the highest respect. But, sir, if when 
this bank has been in operation only fifteen or sixteen years, the debts 
have become so numerous, and so large, that we must, on these accounts, 
renew the charter, I must be allowed to ask, what will be the state of 
things at the end of thirty-five years ? Will they not be much worse ? 
Most certainly they will. What, then, do gentlemen mean ? Do they 
intend that this charter shall become perpetual? — that this company, 
foreigners and all, shall have this monopoly for ever? If this be not their 
intention, I must ask the senator from Massachusetts to tell us, at what 
time the institution can be wound up, with less inconvenience than at 
the expiration of the present charter. When will the debtors of the Val- 
ley of the Mississippi be better able to pay, than when this charter ex- 
pires ? If the argument of the senator proves anything, it proves that 
this corporation ought to exist for ever. Is any gentleman willing to avow 
this ? I am decidedly opposed to it. Pay-day for these debtors must ar- 
rive some time ; and it appears to me that the affairs of this bank, prob- 
ably, would be closed with less inconvenience to the community at the 
expiration of this charter, than they can be fifteen years afterwards. 

The senator says, the President alleges that the application to renew 
the charter is premature, and thinks we ought not to be chided by him 
for acting on the subject, as he had directed the attention of the nation, 
and of Congress, to this subject, in his message of 1829, and in two suc- 
ceeding messages. 

Mr. President, to me it is obvious, that the notice taken of the bank 



UNITED STATES BANK. 103 

in those messages, was not to recommend to Congress to act upon the 
subject, at either of the sessions when those messages were delivered, but 
as the subject was esteemed of vital interest to the community, to turn 
the attention of all to it, at an early period ; so that opinions might be 
well matured upon it, when the charter was about to expire, and when it 
would become necessary to act upon it. 

But if Congress ought now to act upon it, because the subject is brought 
before us by those messages, why was it not acted on at the sessions when 
these messages were delivered? "Why not at the session in 1829? The 
senator has answered the question with frankness. Ho has told us it is 
material it should be known before the Presidential election, whether the 
President would sign the act renewing the charter or not, because if he 
would not, he ought to be turned out, and another put in his place, who 
will, and as the election is to take place the succeeding fall, application 
for the renewal could not be longer delayed. 

I thank the senator for the candid avowal, that unless the President 
will sign such a charter as will suit the directors, they intend to inter- 
fere in the election, and endeavor to displace him. With the same 
candor I state, that after this declaration, this charter shall never be 
renewed with my consent. 

Let us look at this matter as it is. Immediately before the election^he 
directors apply for a charter which they think the President at any 
other time will not sign, for the express purpose of compelling him to 
sign contrary to his judgment, or to encounter all their hostility, in 
the canvass and at the polls. Suppose this attempt to have succeeded, 
and the President, through fear of his election, had signed this charter, 
although he conscientiously believes it will be destructive of the libei - ty 
of the people, who have elected him to preside over them, and preserve 
their liberties, so far as in his power. What next ? Why, whenever the 
charter is likely to expire hereafter, they will come as they do now, 
on the eve of the election, and compel the Chief Magistrate to sign such 
a charter as they may dictate on pain of being turned out and disgraced. 
Would it not be far better to gratify this moneyed aristocracy, to the 
whole extent at once, and renew their charter for ever? The tempta- 
tion to a periodical interference in our elections would then be taken 
away. 

Sir, if under these circumstances the charter is renewed, the elective 
franchise is destroyed, and the liberties and prosperity of the people are 
delivered over to this moneyed institution, to be disposed of at their 
discretion. Against this I enter my solemn protest. 

The honorable senator next adverts to what the President says on 
the constitutionality of this act, and animadverts on what is stated in 
relation to there being two precedents in Congress, where this power is 
asserted, and two in which it is denied, and then asserts that since 



104 MEMOIR OF HUGH LAWSON WHITE. 

the year 1791, when the first hank was chartered, Congress has never 
denied this power. 

Mr. President, it appears to me that whether the President can show 
any recorded vote denying this power, or not, the senator ought not to 
he too severe upon the executive for this mistake, if it be one. When a 
renewal of the charter was applied for in 1811, its constitutionality was 
argued, and ably argued, by those opposed to it, and the application was 
rejected. The bank then applied for time to wind up its business, the 
petition was referred to a committee, who reported against the applica- 
tion, alleging that it was unconstitutional, and this report was concurred 
in. Afterwards, in 1815, when a bank charter was under consideration 
in the House of Representatives, a member from Massachusetts, in Ms 
place, then acting under the same high obligations which the President 
acts under, arguing against the charter, stated expressly, that the 
renewal of the charter had been refused because it was unconstitutional. 
The President, without doubt, has read this argument, and seen this 
resolution, and if he reposed confidence in these statements, and was 
thereby misled, which I suppose he was not, I submit to the honorable 
senator whether, under such circumstances he would not have been 
entitled to milder treatment, from him, than he has received. 

The attention of the Senate has been next called to that part of the 
message, found in page 6, in which the decisions of the Supreme Court 
are spoken of. 

The honorable senator argues that the Constitution has constituted 
the Supreme Court a tribunal to decide great constitutional questions, 
such as this, and that when they have done so, the question is put at 
rest, and every other department of the government must acquiesce. 
This doctrine I deny. The Constitution vests "the judicial power in a 
Supreme Court and in such inferior courts as Congress may from time to 
time ordain and establish." "Whenever a suit is commenced and prose- 
cuted in the Courts of the United States of which they have jurisdic- 
tion, and such suit is decided by the Supreme Court, as that is the court 
of the last resort, its decision is final and conclusive between the parties. 
But as an authority, it does not bind either the Congress, or the Presi- 
dent of the United States. If either of these co-ordinate departments is 
afterwards called upon to perform an official act, and conscientiously 
believes the performance of that act will be a violation of the Constitu- 
tion, they are not bound to perform it, but on the contrary are as much 
at liberty to decline acting, as if no such decision had been made. In 
examining the extent of their constitutional power, the opinion of so 
enlightened a tribunal as our Supreme Court has been, and I hope ever 
will be, will always be entitled to great weight, and without doubt, 
either Congress or the President would always be disposed, in a doubt- 
ful case, to think its decisions correct ; — but I hope neither will ever view 



UNITED STATES BANK. 105 

them as authority binding upon them. They ought to examine the 
extent of their constitutional powers for themselves ; and when they 
have had access to all the sources of information within their reach, and 
given to everything its due weight ; if they are satisfied the Constitution 
has not given a power to do the act required, I insist they ought to 
refrain from doing it. 

Suppose the House of Representatives to have passed an act on a given 
subject for a number of successive sessions, and from want of time the 
Senate had not acted on it, and the constitutionality of such an act to 
come before the Senate, would any member think those opinions of the 
House, authorities by which he was bound? Certainly not. They 
would have due weight, and be respectfully considered, but disregarded 
in the decision made by the Senate, if shown to be incorrect. In princi- 
ple there can be no difference between such cases and the judicial deci- 
sions. Suppose the President to recommend ever so often the passage 
of an act, which he may think constitutional, would the Senate, the 
House of Representatives, or the Courts, feel themselves bound by his 
opinions ? I think not. Each co-ordinate department, within its appro- 
priate sphere of action, must judge of its own powers, when called upon 
to do its official duties, and if either blindly follows the others, without 
forming an opinion for itself, an essential check against the exercise of 
unconstitutional power is destroyed. A mistake by Congress in passing 
an act inconsistent with the Constitution, followed by a like mistake by 
the Supreme Court, in deciding such act to be constitutional, might be 
attended with the most fatal consequences. Let each department judge 
for itself, and we are safe. If different interpretations are put upon the 
Constitution, by the different departments, the people are the tribunal to 
settle the dispute. Each of the departments is the agent of the people, 
doing their business according to the powers conferred, and when there 
is a disagreement, as to the extent of these powers, the people them- 
selves, through the ballot-boxes, must settle it. The senator, if I heard him 
correctly, has said that the President has asserted that the Supreme Court 
has no power to decide upon the constitutionality of an act of Congress. 
The gentleman has not attended to the message with his usual accuracy. 
No such opinion is advanced, but the contrary one ; that each department 
within its appropriate sphere of action, has the right to judge for itself, 
and is not bound by the opinion of both, or either of the others ; and 
this I incline to think is the correct constitutional view of the subject. 
The honorable senator thinks the President entirely mistaken when he 
supposes Congress cannot deprive itself of some of its legislative powers. 
Let us for a few minutes attend to the view of this part of the subject 
presented by the message and then examine its correctness. 

The Congress is vested with exclusive legislative powers over the 
District of Columbia. It therefore has an undoubted power to establish, 
within the district, as many banks with as much capital to each as it 



106 MEMOIR OF HUGH LAWSON WHITE. 

chooses. By this charter it is stipulated that Congress shall not establish 
any bank within the district, nor shall it increase the capital of existing 
banks. This, the President thinks, is unconstitutional. By this agree- 
ment the present Congress, and its successors, are deprived of the powers 
of establishing any bank, no matter how pressingly the public interest 
may require one. Congress by this agreement will have stripped itself 
of all power to legislate upon a subject during the existence of the char- 
ter, when the Constitution had vested the most ample power. Is this 
constitutional ? Ought we to be bound by such an agreement for fifteen 
or twenty years, and permit the best interests of society to be sacrificed 
for the want of a power which the Constitution has conferred, but which 
we have bartered away ? The message supposes we are not at liberty 
to dispose of our legislative powers in this manner, and therefore, this act 
is unconstitutional. This is certainly a very important point. If we make 
such an agreement we ought to be bound by it, and yet, I think, cases 
might occur, in which we ought not to be, nor would we, be bound by 
any such agreement. The public safety, the public interest might long 
before the expiration of the charter imperiously demand the establish- 
ment of one or more banks within the district, and I do not believe we 
can constitutionally deprive ourselves or our successors of the power to 
do so.* 
The senator insists, that in many cases, we derive our powers not from 

* The doctrine in 6th Wheaton, 593, 1 think fully sustains the message upon this point. It 
is as follows : 

"In the year 1797, the Legislature of Maryland, among other powers given the Corporation 
of Georgetown, enacted, that they shall have full power and authority to make such by laics 
and ordinances, for the graduation and levelling of the streets, lanes, and alleys within 
the jurisdiction of the same town, as they may judge necessary for the benefit thereof." 

In pursuance of this authority, the Corporation, in May, 1799, passed an Ord inance for the 
graduation of certain streets. The first section appoints Commissioners, and authorizes 
them to make the graduation and level of the streets. 

The second section is in these words : " And be it ordained, that the said level and gradua- 
tion, when signed by the Commissioners, or a majority of them, and returned to the clerk of 
this Corporation, shall be for ever thereafter considered as the true graduation of the streets 
so graduated, and be binding upon this Corporation, and all other persons whatever, and 
be for ever thereafter regarded in making improvements upon said streets." 

A man named Gosler, owned lots upon one of the streets, and made improvements thereon, 
according to the graduation made and returned to the clerk of the Corporation. In Septem- 
ber 1816, the Corporation passed another Ordinance, directing the level and graduation of 
the street to be altered. And the Commissioners appointed being about to cut doion the 
Street, by Gosler's House, he filed a bill to enjoin them from doing so. 

In the Supreme Court, one question made, was, whether the Corporation had, by the Ordi- 
nance of 1799, put it out of their power to legislate on the levelling and graduation of the 
streets; and the Court says, "When a Government enters into a contract, there is no doubt 
of its power to bind itself to any extent not prohibited by its Constitution. A corporation 
can make such contracts only, as are allowed by the acts of incorporation. The power 
of this body to make a contract, which should so operate as to bind its legislative capa- 
cities for ever thereafter, and disable it from enacting a by-law, which the Legislature enables 
it to enact, may well be questioned. We rather think, that the Corporation cannot abridge 
its own legislative power." 



* 



UNITED STATES BANK. 107 

express grants, but by construction, and asks how we acquire power to 
pass laws to hang those who rob the mail. He says it might be argued 
that fine and imprisonment would be sufficiently severe. 

To this I answer, that when an express power is granted to Congress 
to accomplish a given object, and no means for its accomplishment are 
pointed out, then we must, by construction, have the necessary and 
appropriate means. In case of the mail-robber, we have the power to 
hang, because we have an undoubted power to carry the mail and deliver 
its contents safely, and unless those who violate it can be punished 
criminally, this granted power cannot be carried into effect ; and as 
putting to death the man who will'break open the mail and steal its con- 
tents is a necessary and appropriate means for preventing such acts, Con- 
gress has the power to thus punish. But this will not furnish a precedent 
for exercising the power to confer upon a bank created, ostensibly, for 
public and financial purposes, a set of powers and privileges not in the 
least necessary or proper for enabling it to perform any of the duties to 
be required of it by the government. 

The honorable senator has wearied himself a good deal with a criti- 
cism upon the word " monopoly." He says it is used, at least, twenty 
times in this message, and never correctly. That the act only confers 
exclusive privileges, and the word monopoly means the sole power of 
trading 

Mr. President, I do think upon this great subject the minds of states- 
men may be more profitably employed, than in close criticisms upon the 
definition of particular words ; but I am content to take the senator's 
definition and insist it is appropriately used. The charter does grant the 
sole power of banking for fifteen years to this company. They, therefore, 
have the sole power of trading in the manner pointed out in that charter 
for the period of its duration. To make it a monopoly, the company need 
not have the exclusive right of trading in everything ; the sole right to carry 
on a particular branch of business, is sufficient, and as this company is to 
have sole, or exclusive right, it appears to me the word is properly used. 
The honorable senator fears much mischief may follow from the objec- 
tions urged against foreigners owning stock in the bank, unless some- 
thing shall be done to remove these erroneous impressions. He says we 
are interested in encouraging them to make loans for public purposes to 
the general and State governments, and that heretofore it has been our 
policy to encourage them to hold property among us. 

Mr. President, this never has been our policy as to lands ; the respective 
States have, and ought ever to have, the exclusive right to determine who 
shall hold lands within their limits. It has generally been, and probably 
ever will be, their policy to prevent aliens from acquiring freeholds within 
their limits. This policy of theirs, we have no constitutional right to 
interfere with. As to our public stocks, I think with the senator, 



108 MEMOIR OF HUGH LAWSON WHITE. 

foreigners may well make loans to the government, or purchase stock 
owned by our citizens. Much benefit may result from this, and we have 
no injury to fear. As to our public stocks, foreigners owning them, can 
have no agency whatever in creating them or managing them. At the 
end of each quarter, the government pays the stipulated interest, and at 
the time agreed on, discharges the principal. The holder of the stock, 
by no act of his can make his profits more or less. But the case is not 
so as to bank stock. Although the foreigner can neither vote nor be 
a director, yet he can in many instances have an indirect influence on the 
operations of the bank, and by regulating exchanges favorably for the 
bank and injuriously for our citizens, can increase the profits of the esta- 
blishment, and thus benefit himself. Will any gentleman say he is of 
opinion that the Barings, who own a million of stock, can have no influ- 
ence on the profits to be made by this institution ? I think not. 

Some of the views then in this message, of the manner in which this 
stock may, and probably will, be managed by our citizens and foreigners, 
are very forcible as they strike my mind. 

Under the old charter the hank could not be taxed by the State govern- 
ments according to the decision of the Supreme Court, but citizen stock- 
holders might be taxed by the States in which they reside, for the stock 
which they hold. The assessors in Connecticut applied to the bank in 
that State for the names of the stockholders residing there. The names were 
not furnished, and the like application was made to the president of the 
principal bank, who, by the advice of counsel, returned a very polite 
answer, declining to give the names, as the bank could not lend their aid, 
to enforce penalties against their stockholders. To remedy this mischief 
under the renewed charter, provision is made that the names of the citizen 
stockholders shall be furnished. The President thinks that under this 
renewed charter, the construction will be that the bank cannot be taxed, 
therefore, you cannot tax foreigners : but that citizens may be taxed for 
the stock they own, therefore this stock will be worth one per cent, per 
annum more, to the foreigner, than to the citizen. That, with this induce- 
ment, foreigners will purchase out all the stock except enough to be left 
in the hands of a few citizens who will thus have a power every year to 
elect themselves directors. That this company thus formed of a few 
citizens, and foreign stockholders will manage the institution for their 
own particular benefit in time of peace, and that in time of war it will 
possess a power dangerous to the government itself. The honorable 
senator says the message frequently repeats, that the institution may be 
"dangerous" to our liberty, dangerous to our prosperity, &c, but that he 
can see nothing dangerous in it. 

Mr. President, we must remember that in case of war, this bank, if in 
existence, must be our main dependence for raising money, and yet there 
is no provision by which it is bound to loan us one cent. Now suppose 



UNITED STATES BANK. 109 

it to have existed during the last war, and the stock to have been owned 
by British subjects and a few of our own citizens, and those citizens to 
have belonged to that sect in politics who were seeking to change our 
federal rulers — who thought it wicked to thank God for our victories upon 
either land or water — who had sent an embassy to this city to request the 
then President to resign. Does any man believe the Administration could 
have procured the loan of one cent? Those politicians, I am willing to 
suppose, were acting honestly — that they believed the war impolitic, 
unjust, and wicked ; so much so that they would not aid it with their good 
wishes. Does any one suppose that they would not have held it treason 
against good morals, to have loaned pecuniary aid? Surely' they would. 
"We must then have been without money, and without the means of 
obtaining any. Peace must have been made, and upon any terms, dic- 
tated by the bank or by the enemy. 

I put then the questions to the Senate, to the senator from Massachu- 
setts, to answer me, if they can see no danger in this state of things ? 

The honorable senator next recurs to that part of the message which 
speaks of the bonus. The President supposes that this is proof upon the 
face of the act, that more power and greater privileges are conferred than 
were necessary for the performance of the public business to be done by 
the bank. The senator thinks this small affair is within a nut-shell, and 
that shell not worth cracking. That any one capable of taking the view 
of a statesman would have seen that the other powers were necessary to 
make a bank of any use for public or private purposes. 

Mr. President, I have endeavored to expand my mind so as to take this 
enlarged view of the subject, and what I find is, that the advocates of 
this bank, upon the plea that the bank is necessary for the fiscal concerns 
of the government, wish, by construction, to acquire the power to create 
a bank, and having thus possessed themselves of the power, wish to use 
it, so as to confer powers not in any degree necessary for a bank to pos- 
sess, to enable it to do all which the government may wish to have done : 
but through which the stockholders may enrich themselves and their 
friends, and acquire an influence greater than the government itself, and 
control all our political concerns, in such manner, as to gratify their 
ambition and promote their interests to any extent they may wish. In 
short, it appears to me, that in creating the bank, the pretence is, through 
it to do the public business, and as soon as created, the public business is 
a mere insignificant incident, and private emolument without limit, is the 
main object. 

But it is said, we have the President's project for a bank. It is to be 
one without money, without credit, and to do no business. 

Others, before the honorable senator, have supposed the President to 
mean any sort of bank, that could be most easily turned into ridicule. I 
do not know when the honorable member has seen the project of which 



110 MEMOIR OF HUGH LAWSON "WHITE. 

he speaks. I have never seen or heard of any such thing from the Pres- 
ident. 

The senator seems to suppose the President's fears upon the subject of 
the States not being allowed to impose a tax entirely too great. 

How stands this matter ? The Supreme Court has decided that the 
States cannot tax the bank. This charter imposes no condition upon the 
bank that it shall pay any tax to any State, and provides a mode by which 
resident stockholders may be taxed for their stock. "What then will be the 
construction under this renewed charter? No man can doubt it. As no 
provision is made, no tax can be collected. I hold that in every State 
where a branch is situated — as the State laws must protect the persons 
who manage the affairs of this corporation, and must protect the property 
within their limits, it is strictly just that a reasonable tax should be paid 
for this protection. 

All this might have been easily provided for. Although Congress can- 
not confer upon a State the power of taxation, it certainly can impose a 
condition upon this corporation, that it shall pay a tax or the charter be 
forfeited. As no such condition is imposed, the States must lose the tax, 
under the decision of the Supreme Court. I take the liberty of saying 
further, that the reasoning in that case, if correct and carried out, will 
produce a class of persons exempt from taxation that would be highly in- 
convenient. The principle established is, that the bank is necessary for the 
federal government. That the State government is an adversary power, 
and if allowed the power to tax, could tax so heavily as to exclude the 
bank and branches from the States. Carry out the same principle, and 
you must exempt from State taxation the houses and the property, of 
every other federal officer of every grade. If the bank is necessary 
to the United States in an individual State, and that State cannot tax it, 
because it may, by taxing, exclude it, I ask, are not federal judges neces- 
sary — marshals, clerks, collectors, and a host of officers ? Why shall the 
States tax them or their property ? They may be taxed out of the States 
by this adversary power, and, therefore, they must be freed from taxa- 
tion. I am not prepared to yield my assent to a doctrine leading to such 
a result. The President must be right in wishing to preserve for the 
States all the powers of taxation, which they have not in express terms 
surrendered in the Constitution ; these are few. He says, imports and 
exports. The objects of taxation are only limited by their discretion — 
persons, and property of every description, real and personal, corporeal 
and incorporeal, with the exception mentioned, are, and of right ought 
to be, liable to State taxation ; yet, under the charter, they will be de- 
prived of it for want of some such provision as it was attempted to in- 
troduce here, and was rejected. 

The honorable member has alluded to that part of the message which 
speaks of the investigation of the bank being unwillingly yielded, and at 



UNITED STATES BANK. Ill 

the same time, he says, as it does not allude to this hranch of the legis- 
lature, we cannot notice it. 

Sir, is not the statement true? "Was not the creation of a committee 
opposed ? The hank had its agents here no doubt. Gentlemen of the 
House, confiding in the statements of the agents, thought the investiga- 
tion useless, therefore they opposed it, It was unwillingly yielded. 
"Who is blamed for this in the message ? Not the House — not the mem- 
bers of the House—let any candid mind examine the whole paragraph, 
and he must see, it is those who applied for a renewal of the charter, and 
persisted in the application after this limited and unsatisfactory examin- 
ation. The honorable senator thinks the message is unfortunate, in as- 
cribing to the patriots of the Revolution the spirit of compromise, which 
ought not to be imitated. Mr. President, if the message did read as the 
senator has read it, it would have been substantially correct. The lead- 
ing patriots of the Kevolution, were the leading men in framing and 
adopting the Constitution; and, it is the spirit of compromise, which 
these men manifested in adopting the Constitution, which we are called 
upon to imitate — not that displayed during the Revolution in fighting the 
enemy — but the paragraph was misread by the senator, no doubt unin- 
tentionally, and furnishes no color, when correctly read, for the criticism 
we have heard upon it. 

It has been argued, that it is strange the message should intimate that 
the executive ought to have been called upon for a draft of the project 
of a bank. I submit, Mr. President, that it is not at all strange. Id every 
instance, heretofore, the bank projects have proceeded from the treasury, 
and so they ought. Although the bank established in General "Washing- 
ton's day may have been the best that could be devised, as things then 
were; yet, the increase of population — numerous changes in almost every 
thing — might make it a very unsuitable plan at this time. The Secretary 
of the Treasury, whose duty it is to watch the finances of the country, 
and the operations of the bank, could better judge of the details proper 
for a bill, than any other officer ; and now, as in time past, ought to have 
been consulted. 

Mr. President : — In submitting this message, one of the highest duties 
of the Chief Magistrate has been performed. Under peculiar and trying 
circumstances, he has given his sentiments, plainly, and frankly, as he 
believed his duty required. 

When the excitement of the time in which we act, shall have passed 
away, and the historian and biographer shall be employed in giving his 
account of the acts of our most distinguished public men, and comes to 
the name of Andrew Jackson, when he shall have recounted all the great 
and good deeds done by this man, in the course of a long and eventful life, 
and the circumstances under which this message was communicated, shall 
have been stated, the conclusion will be, that, in doing this, he has shown 



112 MEMOIR OF HUGH LAWSON "WHITE. 

a willingness to risk more to promote the happiness of Lis fellow-men, 
and to secure their liberties, than by the doing of any other act whatever. 

That the arguments above set forth were conclusive, may be infer- 
red from the circumstance that Webster, having made the first speech, 
after being responded to by Judge White, refused to close the debate. 
Judge White writes next day. 

The veto message on the subject of re-chartering the bank was taken 
up for consideration in the Senate yesterday. Mr. "Webster opened the 
debate. He openly avowed that this time was selected for applying for a 
renewal of the charter, that the opinion of the executive he known, to 
the end that if adverse to the bank, he might be displaced at the ap- 
proaching election. This declaration was followed up and affirmed by 
Ewing, Holmes, and Clayton, who all spoke on the same side yesterday. 

It is no longer a question of doubt, whether the bank is disposed to in- 
terfere in the approaching election. "We have it openly avowed in the 
Senate by the advocates of the charter. Those who are opposed to the 
renewal of the charter, have sustained, and will continue to sustain, as 
well as they can, the opinion of the President upon the subject. 

No one has spoken in support of the message except your humble cor- 
respondent. "What he said is so inaccurately reported in the Intelligencer 
of the morning, that he will be compelled to write out before he leaves 
"Washington, what he actually did say. 

In 1833, when by order of President Jackson, the public deposits 
were removed from the United States Bank, and placed in certain 
State Banks, in consequence of which measure the country was 
plunged from a condition of unprecedented prosperity into sudden and 
wide-spread adversity, Mr. Webster, as a means of relief to the com- 
mercial community, moved in the Senate, in the latter half of the 
session of 1834, for leave to bring in a bill to extend the charter of 
the bank for six years, from and after March 3d, 1836. He accom- 
panied the application by a speech of great ability, and was followed 
by Mr. Calhoun, Mr. Wright, and Mr. Benton, each presenting his 
own views on the subject. Judge White considered the opportunity a 
suitable one for the statement of some of his own opinions relating to 
the bank, its management, the conduct of the Secretary of the Treas- 
ury in removing the deposits, and that of the President in removing 
Mr. Duane. 

Mr, White's speech, delivered March 24, 1834, was as follows : 



"UNITED STATES BANK. 113 

Mr. President : "When a subject of so much importance is under consi- 
deration ; when topics are discussed which produce a diversity of opinion, 
not only as to the powers conferred upon the federal government but 
also, as to the manner in which the powers certainly conferred, are dis- 
tributed among the several departments ; and when our decision may 
vitally affect, as well the fiscal concerns of the government, as the pe- 
cuniary interests of all classes of the community, I am unwilling to record 
my vote until I shall have given some of the reasons, at least, which 
lead to them. 

I am pleased that the honorable senator from Massachusetts has asked 
leave to introduce this bill ; not because I approve of it, but because it 
offers something practical, which we can discuss, consider, and decide. 

If the bill proposed contained any principle, which, under any modifi- 
cation, I believed we had a power to enact into a law, I would most 
willingly extend the usual courtesy of granting leave to introduce it. 
although I might disapprove all its details ; but, in my judgment, its 
object is to do that which, by the Constitution, we have no power to do. 

The sole object is, to extend the charter of the present Bank of the 
United States, under certain modifications, for the term of six years after 
the 3d of March, 1836, when the existing charter will expire. 

It is said the country is distressed in consequence of the derangement 
of our currency, and the object of this bill is to relieve that distress, by 
extending the charter. If leave is granted to introduce the bill, the hope 
will be indulged, that in due season the bill will be passed into a law, and 
the relief desired be thus afforded. "We ought not, in my opinion, even 
by our silence, to encourage any expectation, or hope, which we do not 
intend to make good. 

Entertaining the opinions which I do, in relation to this bank, I cannot 
silently acquiesce in the introduction of this bill, without creating expec- 
tations which, so far as is in my power, I should certainly disappoint ; 
therefore, I hope, when I deny the leave asked, my conduct may not be 
attributed to a willingness to act otherwise than courteously, toward the 
honorable senator who has submitted the motion. .•■ 

I hold that, by the Constitution of the United States, Congress has no 
poicer to create a bank, and having no power to create it, we have no 
power to continue it beyond the period limited for its termination. 

I wish the Senate not to be alarmed, from a belief that I am about to 
weary their patience, or exhaust my own strength, by an elaborate argu- 
ment to prove the truth of this position. 

I am well aware that this question has been repeatedly and ably dis- 
cussed, in Congress, and before our highest judicial tribunals, and that 
many of the most enlightened and pure men we have ever had in public 
employ, have affirmed the existence of this power ; yet, I consider the 
question unsettled. The power has always been questioned and disputed ; 

8 



114 MEMOIR OF HUGH LAWSON "WHITE. 

it never has been yielded. The decisions are not binding as authorities, 
when Congress is called upon to exercise the power. If we are certain 
we do not possess it, or it is doubtful whether we do, it ought not to be 
exercised. 

Those who affirm the existence of this power, do not pretend that in 
the Constitution it is expressly granted, but rely upon that clause of 
the 8th section, 1st article, which provides that " Congress shall have 
power to pass all laws necessary and proper to carry into effect the powers 
expressly granted." They next say that, by the 5th paragraph of the 
same section, Congress has an express grant of power " to coin money, 
and to fix the value thereof, and the value of foreign coin, and to regulate 
the standard of weights and measures." Hence, they argue that it was 
the intention to vest in Congress the whole power over the monetary 
system of the United States, and that this cannot be done without giving 
a power to incorporate a bank. I admit it was intended to vest the 
whole power in Congress, over our money, our currency, but deny that 
there is any necessity for a bank - to give effect to this power. 

By the 10th section, 1st article, it is said, "no State shall coin money, 
emit bills of credit, make anything but gold and silver a tender in pay- 
ment of debts ; pass any bill of attainder, ex post facto law, or law impair- 
ing the obligation of contracts." Before the formation of this Constitution, 
much injury was supposed to have residted from the power which the 
individual States possessed and exercised, of emitting bills of credit; 
therefore, this power is taken from the States, by express words. The 
federal government has no power but that which is expressly given, as 
is said in the tenth amendment to the Constitution. There is no power 
given, in any part of that instrument, to emit bills of credit. Since the 
adoption of this Constitution, the power to emit bills of credit is extinct 
in the United States. The State governments cannot exercise it, because 
it is expressly taken away ; the federal government cannot exercise it, 
because it is not given to it ; therefore this evil of a paper currency is 
effectually cured. Before the adoption of this Constitution the States had 
a power to make articles of produce, or merchandise, a tender in payment 
of debts. This power, in some of the States, had been exercised. It is 
also extinguished under the present Constitution. 

Formerly, there was a want of uniformity in the value of the same 
piece of money, in the different States : in some, a dollar was four shil- 
lings and eightpence; in another, six shillings; in others, seven and six- 
pence ; and in some others, eight shillings. This was an evil cured by 
this Constitution. Congress has the power to "coin money and fix its 
value, and the value of foreign coin ;" and the power to coin money, in 
future, is denied to the States. Thus, uniformity in value is produced: 
a dollar in one State, is a dollar, and no more, in every other. 'Weights 
and measures were, and might be varied in different States. The power 



UNITED STATES BANK. 115 

to regulate the standard of weights and measures is given to Congress : 
when exercised, uniformity in each State is produced ; a hushel of 
wheat must be of the same quantity, and an hundred pounds of hemp or 
tobacco, must be of the same weight, in each State. 

By these different provisions, the whole people of the United States 
were intended to be secured, in a uniform currency, a uniform standard 
of weights and measures, and the same provisions contain a prohibition 
against making anything but gold and silver a tender in payment of debts, 
and a denial of any power to pass a law to impair the obligation of 
contracts. 

What species of currency then, I ask, was intended? Metallic and 
nothing else. Money coined, and the value fixed, under the authority of 
Congress, or foreign coin, the value of which is fixed by the same power. 
"Will any gentleman state, that in his opinion, either Congress, or a State 
legislature, has a power, under our Constitution, to make one individual 
receive from another anything but a metallic currency, in discharge of a 
debt due ? 

The opinion that Congress has no power to create a bank, is, as I 
think, very much strengthened, when Ave reflect where the convention 
sat, when it sat, and what was going on in relation to banks. 

The Bank of North America commenced business in January, 1782, in 
Philadelphia. It had a double authority, as was supposed, for so doing 
— from Congress, and from the legislature of Pennsylvania. In 1785, it 
had become so odious, that several counties petitioned the legislature to 
repeal the charter. These petitions were referred to a committee, who 
made a report, upon which, an act did pass, repealing the charter, with- 
out giving the corporators any form of trial whatever. This gave rise to 
a most violent controversy, in the course of which there were many 
publications. The bank still continued its business, under the power it 
had derived from Congress. In 1786, an attempt was made in the legis- 
lature, to repeal the repealing act, but this attempt was successfully 
resisted by the democrats of that day, headed by Finley and Smilie, and 
the confusion continued till the next year, when a limited charter for 
fourteen years was granted. Thus we find at the very time the conven- 
tion sat, and in the very place it sat, the practical operations of the bank 
of that day, were considered decidedly hostile to the liberty and inde- 
pendence of the country. Is it then probable that it was intended to 
vest a power in Congress to create any institution capable of so much 
mischief? 

I have looked into the petitions presented to the legislature, and the 
report of the committee, to ascertain the objections upon which the 
repealing act was founded, and have been so forcibly struck with the 
similarity of the reasons then urged, with those since relied upon, that I 
must ask the indulgence of the Senate, while I read the report, a copy of 



116 MEMOIR OF HUGH LAWSON AVHITE. 

which is before me, in these words : " That it is the opinion of this com- 
mittee, that the said bank, as at present established, is in every view 
incompatible with the public safety ; that in the present state of our 
trade, the said bank has a direct tendency to banish a great part of the 
specie from the country, so as to produce a scarcity of money, and to 
collect into the hands of the stockholders of the said bank, almost the 
whole of the money which remains amongst us. That the accumulation 
of enormous wealth, in the hands of a society who claim perpetual dura- 
tion, will necessarily produce a degree of influence and power, which 
cannot be intrusted in the hands of any set of men whatsoever, without 
endangering the public safety. That the said bank, in its corporate 
capacity, is empowered to hold estates, to the amount of ten millions of 
dollars, and by the tenor of the present charter, is to exist for ever, with- 
out being obliged to yield any emolument to the government, or to be at 
all dependent upon it. That the great profits of the bank, which will 
daily increase, as money grows scarcer, and which already far exceed the 
profits of European banks, have tempted foreigners to vest their money in 
this bank, and thus to draw from us large sums of interest. 

"That foreigners will, doubtless, be more and more induced to become 
stockholders, until the time may arrive, when this enormous engine of 
power may become subject to foreign influence ; this country may be 
agitated with the politics of European courts, and the good people of 
America reduced, once more, to a state of subordination and dependence 
upon some one or other of the European powers. That at last, even if it 
were confined to the hands of Americans, it would be totally destructive 
of that equality, which ought to prevail in a republic. We have nothing 
in our free and equal government, capable of balancing the influence the 
bank must create ; and we see nothing, which, in the course of a few 
years, can prevent the directors of the bank from governing Pennsyl- 
vania. Already we have felt its influence, directly interfering in the 
measures of the legislature. Already the House of Assembly, the 
representatives of the people, have been threatened, that the credit of 
our paper currency will be blasted by the bank ; and if this growing 
evil continues, we fear the time is not very distant when the bank 
will be able to dictate to the legislature, what laAvs to pass, and what to 
forbear." 

Much has been said of the President's opinions upon the subject of 
banks, and his ideas respecting the dangers to be apprehended from the 
operations of this bank. He appears to be maintaining the same 
doctrines maintained by the republican people of Pennsylvania in 1785, 
1786, and 1787; and, as I verily believe, the same doctrines intended to 
be incorporated into the Constitution, and made perpetual by it. 

It seems to be thought by the honorable senator from South Carolina 
[Mr. Calhoun], that although we cannot establish a bank to make money, 



UNITED STATES BANK. 1 17 

we may, to have a currency, which will control the currency of State 
banks. I find no warrant in the Constitution for any such distinction. 
[Here Mr. Calhoun interrupted Mr. White, and said he had taken a 
distinction between doing and undoing.] Mr. W. continued, and said, I 
hope the honorable senator will believe me when I say nothing is farther 
from my wish than to misrepresent his arguments. I can have no motive 
to do so. The distinction between doing and undoing can have no influ- 
ence on my argument. This bill attempts to do something, not to undo. 
Its object is to continue this charter six years longer. This is an exer- 
tion of the same kind of power which was exerted in passing the charter 
for twenty years, in 1810. This power is not given by the Constitution. 
The honorable senator thinks the wise course is, to look at the circum- 
stances in which we are placed, and adapt our measures to our situation. 
This is all true when we possess the power to act ; but here the first 
consideration is, Have we the power? if we have not, it is vain to 
consider how that ought to be used which we do not possess. The 
present charter has yet two years to run : if the object of this bill were 
now to repeal it, then the doctrine of the honorable senator would be 
applicable. With him I would look to the circumstances in which we 
are placed, and although I might believe the act of 1816, incorporating 
the bank, to be unconstitutional, yet as the stockholders and society had 
acquired interests under the act, I would not offend the moral sense of 
the community by voting for the repeal; besides, I would reflect that 
these rights were subjects of judicial cognizance, and if a mistake were 
made here, as to our powers, the courts would protect the rights of indi- 
viduals; but the object of this bill is not to repeal, it is to extend. It is 
not to take anything from the bank, but to continue its powers six years 
longer, as the bill now is ; twelve years, as the senator from South 
Carolina thinks it ought to be. I deny the power to do this. The case 
of Louisiana, referred to by the honorable senator from Virginia [Mr. 
Leigh], and which the senator from South Carolina thinks so happy an 
illustration of his doctrine, with great deference, I must say, does not 
appear to me to have any application. 

Mr. Jefferson, it is said, entertained an opinion that Louisiana could 
not, consistently with the Constitution, be purchased and added to the 
Union. It was purchased, has been formed into a State, and admitted on 
an equal footing with the other States ; and gentlemen ask, will you now 
exclude her because it was unconstitutional to admit her? I answer, no. 
I would look to the existing state of things, and take no step — let them 
remain as I found them. But suppose it had been possible to have 
admitted her upon trial for six years, to see how she would behave in the 
Union, and when those six years had elapsed, there was an application to 
admit her permanently, then we would have an analogous case, and, I say, 
the constitutional question would be as much open as it was when she 



118 MEMOIR OF HUGH LAWSON WHITE. 

was admitted for the six years. [Here Mr. Leigh interrupted Mr. W"hite, 
and said, he desired to know what would be done when Arkansas applied 
for admission, and he would, with as much pleasure receive the informa- 
tion from the senator of Tennessee as from any other gentleman.] 
Mr. W. continued: In answer to the interrogatory put by the honor- 
able senator from Virginia, I can only say, that when Arkansas does 
apply to be admitted as a member State, if any gentleman shall think 
it unconstitutional to admit her, we will then examine and decide the 
question. 

Mr. President : I can find no warrant in the Constitution, for a distinc- 
tion between money and currency. That circulating medium which is to 
be the standard by which the seller and buyer of property are to ascertain 
its value, is metallic, to be coined, and its value fixed by Congress ; or 
foreign coin, the value of which is fixed by the same power. Nothing 
else is money, nothing else is currency, by the Constitution. 

By the first clause of the 8th section of the 1st article of the Constitu- 
tion, a power is vested in Congress, " to lay and collect taxes, imposts, 
duties, and excises, to pay the debts, and provide for the common defence 
and general welfare of the United States." It is argued by those who 
maintain the power to incorporate a bank, that it is necessary and proper 
to have one, as an agent to collect the taxes, to keep them safely, and to 
pay the debts due by the government, in the different sections of the 
country. I think a Bank of the United States would be convenient for 
these purposes, but deny that one is necessary. 

Mr. President, if there were no bank, either State or federal, in the 
Union, our taxes could be collected, the money safely kept and paid out, 
according to the provisions of law, by the appointment of natural per- 
sons. Now we may employ them in. preference to banks, if we choose. 
There cannot, therefore, be a necessity to create a bank for such purpose ; 
and if we infer the power to make the bank, because it would be a 
matter of convenience, where can any limit be fixed to implied powers ? 
I cannot fix any. But suppose a bank to be necessary and proper as a 
fiscal agent, there are State banks — why not employ them ? It is said 
that, as these banks are not created by Congress, we cannot have any 
control over them. This I deny ; we will have all the control over them 
which we ought to have. The custom of the United States, as dejjositors, 
will always be sufficient to ensure fidelity in collection, safe-keeping, and 
disbursements of your money ; and these are the only uses Ave have for 
such agents. Whenever it is believed one is about to act in bad faith, 
dismiss it, This we will always have a power to do ; and a fear that this 
power will be exercised, will procure fidelity. Your power will always 
be sufficient for every salutary purpose: seldom, if ever, sufficient to be 
productive of mischief. Suppose a bank employed in each State, over 
which we have no control, except what our deposits would give : there 



UNITED STATES BANK. 1 19 

would then be twenty-four banks, governed by directors, created under 
the authority of the respective States; accountable to them; and each 
independent of every other. How could the United States procure a 
concert of action among them, for any unworthy purpose ? Corrupting 
one would be no advantage in attaining the object. All must be cor- 
rupted, the moment the attempt was made — and one honest man found 
in any one board, the whole plan would be exposed, and its authors held 
up to public contempt and scorn. A bank, created by the United States, 
accountable to them, having the use of all your money, and managed by 
a majority of a board, composed of seven men, is in a very different situ- 
ation. The pecuniary influence you would have, would be much greater 
— the number of men necessary to corrupt, would be so small, that the 
danger of improper influence is increased to an alarming extent. 

But it is said the very admission that Congress may employ State banks, 
as fiscal agents, is an admission of the power to create a bank, for the same 
purpose. This, I think, is not so. You may wish an artificial person to 
perform a particular service for you — you may find artificial persons already 
made, that can perform these services — there cannot therefore be any 
necessity that you should create one, simply that you may employ him in 
preference. 

What is the real difficulty and struggle here ? It is not that we create 
a bank to have a fiscal agent. No. The real struggle is to keep in 
existence a commercial bank, for commercial purposes. It is dismissed 
by the excutive from its fiscal agency, and yet it continues, endoAved with 
powers sufficient to embarrass all commercial transactions. 

The truth is, that upon a supposed necessity for a bank as a fiscal agent, 
one was created in 1816, endowed with powers for the most extensive 
commercial uses, and instead of the duties of a fiscal agent being its main, 
or principal business, its leading, its general, its profitable, and almost 
constant employ is unconnected with this agency, and its business is 
devoted, almost exclusively, to other purposes. The business of a fiscal 
agent dwindles into a mere by-business, entirely incidental ; so much so, 
that when these duties are taken from it, we find it possessed of powers and 
capacities, almost without limit, for good or for evil, so far as the moneyed 
affairs of the country are concerned. This I conceive is a practice under 
the Constitution, unsupported by a fair construction of it. I think with 
the honorable senator from South Carolina, that these powers are trust 
powers, and ought to be so exerted, as to attain the object in vesting the 
trust. Now if it be true, that we have a constitutional power to create 
a bank, for the purpose of collecting the public money, keeping it safe, 
and paying it out, at the points desired, it gives no power to create a 
bank, for the purposes of issuing hank notes, and granting accommoda- 
tions to those concerned in trade and commerce, to any extent the wants 
or wishes of society may require. 



120 MEMOIR OF HUGH LAWSON WHITE. 

Again. If it is necessary and proper to incorporate a bank, as a fiscal 
agent, which I do not admit, there can be no power to establish such a 
bank as this. We can neither wish, nor expect a bank of issues, and of 
calculation ; all we can possibly need will be a bank of discount and 
deposit, and tkat of small capital. Such a bank would be perfectly able 
to make our collections, preserve, and pay out the public moneys; and in 
addition to the discharge of these duties, such a bank could, and would 
most effectually check excessive issues of paper by the State banlcs ; it could 
also grant discounts to a reasonable extent to commercial men, or others ; 
and likewise by drafts, on the different branches, in different sections of 
country, could furnish the means of remittance, to any extent that would 
be reasonably required. 

Indeed, one on a scale still more limited, would answer every fiscal 
purpose. A bank of deposit and transfer is all that the government 
could have occasion for. How then it is possible Ave can fairly deduce a 
power to establish a bank, and vest in the corporation the immense 
powers which this charter confers, I am unable to discover; therefore, I 
will not consent to use a power which I do not think we possess, to pro- 
long the existence of such an institution, for a day, a year, or for any 
other term whatever. Holding these opinions, I am not among the 
number of those who can ever be embarrassed by the question, whether 
the United States Bank ought to be placed in Chesnut street or in Wall 
street. 

Mr. President, if we had the power to create a bank, I insist it is bad 
policy to exercise it as is now proposed. 

The objections to extending this charter are, in my opinion, stronger 
than they were to incorporating the bank originally. The theory of our 
government is perfect equality. Make all safe in every thing to which they 
have a just right, and give no one an advantage, by laic, over any other. 
This we ought, as far as we can, to carry out in practice. "When the act 
of incorporation was passed, there was an apparent equality, at least, 
because every citizen had an equal opportunity of subscribing for stock, but 
if we extend the charter the value of the stock is immediately increased, 
and the present stockholders have, by law, a privilege extended to them, 
in exclusion of every other person. 

But, sir, if I am mistaken in everything I have said, I still contend 
the charter ought not to be prolonged. The immediate benefit to be 
derived from the passage of this bill is a relief to a distressed community. 
To form a proper estimate of the remedy, we ought to have some opinion 
of the extent of the disease, and of the causes which have produced it. 

I am not among the number of those, who deny that there is any 
pecuniary distress. That there is, in many parts of the country, a want 
of money, and considerable sacrifices because it cannot be obtained, I 
verily believe. These sufferings have not yet reached the particidar 



UNITED STATES BANK. 121 

country which I in part represent: but as all others, as well as my 
immediate constituents, are to be affected by my votes, I consider it as 
much my duty to relieve the distresses of others, if in my power, as it 
would be to relieve the distresses of those I immediately represent. 
I will add, that there does not live in the United States, the human 
being, whose condition I would not gladly make better. What has led 
to these pecuniary wants, is a question, on which there has been some 
variety of opinion. I think it very obvious, that the operations of the 
Bank of the United States have been the principal cause. She has not 
only refrained from granting the usual accommodations to men in busi- 
ness, but she has been operating the wrong way ; she has been curtail- 
ing her discounts; this has compelled State banks to do so likewise. 
Money then is made much scarcer than formerly. The demand for it is 
increased. Under the tariff laws, cash is now to be paid in some 
instances where credit had formerly been given. In other cases whero 
long credits had been given, short credits are now allowed. The long 
credits and the short credits have been falling due at the same time. 
The bank has caused bills to be purchased payable in the large cities, to 
a greater amount than formerly. These different causes have created an 
increased demand for money, and the common means of obtaining it are 
withdrawn. To these ought to be added the doubt and uncertainty, as 
to the result of our legislation, which prevents men of business from 
adapting their proceedings to any settled course. 

The result of the whole is, the business part of the community need 
more money than formerly, and can obtain less. I believe there is suf- 
fering and distress, and if this bank is to wind up, this suffering must, 
at some period, be increased. If we admit, which I think we ought not, 
that the withdrawal of the deposits made some curtailment of her busi- 
ness necessary, on the part of the bank, I do not believe we ought to 
doubt but they have been carried farther than was necessary. One 
thing, I think, has been clearly shown, by the honorable senator from 
Missouri : that is, that no additional curtailments to make the bank safe, 
can be necessary. 

This bank then is the main cause of this suffering and this distress, 
and to relieve them we are asked to extend its powers for six years 
longer. Heretofore it has pursued its own interest ; will it not do so 
again ? If its interest prompts to liberal accommodations, they will be 
granted, and circulating medium will be plenty. If its objects can be 
better accomplished by withdrawing accommodations, and lessening the 
circulating medium, that course will be pursued, and our pecuniary 
sufferings and distresses will again return. I have no confidence in such 
a remedy ; it will probably be worse than the present disease. 

How would the bank employ its vast means, during the prolonged 
time? I think just in such manner as would most promote its own 
interest, without any special regard to the interest of the community. 



122 MEMOIR OF HUGH LAWSOtt WHITE. 

All persons, natural or artificial, dread dissolution. The natural person 
will cling to existence as long as possible; he will lay hold of anything 
within his reach, by which he can preserve himself for an hour, a day, 
or a week ; just so with this corporation; it will use its whole power to 
procure a renewal of the charter, after the lapse of the six years. It 
will use its means to increase the number of its friends, and to put its 
opponents in a situation not to thwart its views. It will extend its 
business whenever, and wherever, such a course will aid its prospects; 
it will contract its issues, and curtail its discounts, wdienever and 
wherever opposition to its plans can be put down, by oppression. I 
have no idea that the directors now, or at any other time, have engaged 
in any scheme of oppression, because they delight in inflicting an injury 
upon any one. Corporations, it is said, have no souls, but they are 
managed by those who have, and by those who will be attentive to their 
own interests, and will use their powers to promote them. Prolong this 
charter, and your control is gone ; the bank will act as it may think 
best ; it will, and must, mingle in your politics ; its permanency will 
depend on displacing enemies from power, and supplying their places 
by the promotion of friends. No means will be left untried, to accom- 
plish this object. That it should interfere in politics, is inherent in the 
charter itself. It is a partnership between the government and indi- 
viduals. It is a mixture of political power with money, and in every 
controversy in which the corporation can have an interest the bank will 
interfere in elections, on the one side or the other. The principles con- 
tained in the charter lead necessarily to this result, and we need expect 
nothing else. The very object of extending for six years is, to relieve 
the community presently, and in the meantime, to see whether this 
bank shall be continued afterwards, or some other substituted. How 
then can we doubt its course, during this period? It will extend its 
business first, and contract it afterwards, if success is likely to be 
attained by such a course. 

If its business is ever to cease, why not at the end of the present 
charter ? It is admitted the resources of the country never were greater 
than now. There is no reason to believe debtors will ever be more able 
to pay. "We have had distress and suffering for five or six months ; if 
the charter is prolonged, this must be gone over again six years hence, 
and there is no reason to think we shall be better able to meet the 
demands of the bank then, than now. The remedy for present distress, 
is only a palliative ; the cause of the disease will remain in the system ; 
it will be acquiring strength for six years, and then break out w T ith 
increased violence, and the injury and ruin will be on a more extensive 
scale. 

We can only form an opinion of what the bank will do in future, by 
reflecting on what it has done in time past. 

In December, 1829, the Chief Magistrate made his first communica- 



UNITED STATES BANK. 123 

tion to Congress, showing that he was disinclined to a renewal of tho 
charter; this was followed up in his messages of 1830 and 1831. These 
communications he was bound in duty to make, if he believed the 
public good would be promoted by an expression of his opinions, to 
the national legislature. The bank, ever attentive to its own interest, 
in 1831 began a rapid extension of its business, and early in 1832, had 
increased its accommodations to the amount of twenty-eight millions of 
dollars, as its opponents say, and as is admitted by itself, to upwards 
of seventeen millions. The Presidential elections took place in the fall, 
1832. To me it appears plain that this extension was intended to make 
as many friends, as acts of kindness could make. The accommodations 
are now reduced from seventy millions to about fifty-four millions. 
"Why this decrease? The expansion, or contraction, must have been 
too great. The pretence is, that the state of the country required 
the increase, when there w T as an extension, and that accommoda- 
tions were curtailed, when the state of business justified the reduction. 
"We all know that there is an error in this statement. There wa3 
no such change in the business of the country, as to justify this 
change in the policy of the bank. Friends were to be made by extend- 
ing wide the wings of the net, with a full knowledge that when the 
birds were coaxed in, and those wings contracted, the fluttering would 
commence, and an escape from the toils would be sought by almost 
any means. 

The increase and decrease, were made with a view to the interest of the 
stockholders, without regard to the effect upon the customer, or upon 
society. 

The bank went into operation the first day of January, 1817; one of 
the leading objects in granting its charter was, through its operations, to 
reduce the extravagant dealings with State banks ; to restore and preserve 
a sound currency to the country. The directors well knew this, yet they 
acted with a single eye to what they conceived the interest of the bank, 
and its friends ; in place of checking it stimulated overtrading. Instead 
of restoring and preserving a sound currency, it adopted measures which 
in 1818 and 1819, placed it in the power of the State banks, in Phila- 
delphia, to take from it every single dollar and leave it still in debt to 
them upwards of one hundred and twenty-four thousand dollars. Mr. 
Cheves took charge of the bank, and as President, pursued a policy, 
which in seventy days placed the bank in a state of security, but tho 
curtailments were so rapid, and the withdrawal of the circulating 
medium so great, as to ruin society, compel other banks to suspend 
specie payment, and again afflict the community with a depreciated 
currency. 

Liberal accommodations, and extensive issues, had given an appear- 
ance of wealth, to those worth little, or nothing. Property commanded 



124 MEMOIR OF HUGH LAWSON WHITE. 

enormous prices, as this bank had made money plenty ; but the counter 
current commenced, and in 1819, a scene of wide-spread ruin was pre- 
sented. The bank made money scarce ; the price of property fell to 
almost nothing ; those who had been apparently wealthy, were found 
to be bankrupts, and hardly any man had wherewithal to pay his 
debts. 

An individual had, when money was plenty, purchased a house and 
lot, for ten thousand dollars; he paid six thousand, was sued for the 
balance; the house and lot sold at fifteen hu ndred dollars ; and thus, he 
sunk in the single bargain, eight thousand five hundred dollars. 

In the principal cities and towns, thousands of individuals were thrown 
out of employ, the whole business of the country was deranged, scenes 
of misery and distress were produced, to which the present distress and 
pressure bear but little resemblance. This state of things was produced, 
because the directors managed the bank with a view to their own interest, 
and that of their friends, disregarding the interest of that community 
from which they had acquired their power. May they not do so again ? 
Have we not reason to fear they will, if the charter is prolonged ? 

[Here Mr. White gave way for a motion to adjourn.] 

Mr. White resumed as follows, next day : — 

Me. President : Before I resume the discussion in which I was yester- 
day engaged, when the Senate adjourned, I must beg permission to call 
the attention of this body, for the first time since I have been honored 
with a seat here, to a newspaper paragraph, in which my name has been 
introduced. I know that my standing here is too humble, and my 
opinions of too little value, to make it necessary for me, on common 
occasions, to contradict any statement coupled with my name ; but con- 
sidering the excitement which now prevails in some sections of the 
country, and the desire repeatedly expressed, for the adoption of some 
measure, by Congress, to relieve the community from the distresses which 
it is said they experienced, I think it improper to permit any statement 
to remain uncontradicted, which is calculated to excite expectations, 
which, so far as in my power, will not be fully realized. 

The publication to which I allude, purports to be a correspondence 
with the New York Journal of Commerce, and is in the following 
words : 

"Washington", Maech 19, 1834. 

" At length, we may discern one faint glimmer of light in our political 
prospect. Mr. Calhoun has devised a plan for a new national bank on 
principles which wholly avoid the constitutional scruples of the Southern 
representatives, and which will be generally acceptable. The plan has 
been submitted to a number of senators of different parties, and has been 



UNITED STATES BANK. 125 

decidedly approved, particularly by those senators who are opposed on. 
constitutional grounds to the re-charter of the present hank, and who 
are at the same time averse to General Jackson's experiment upon the 
currency. It is also unequivocally approved, it is said, by Messrs. 
Grundy and "White, who are friendly to the President." 

Mr. President, what I have now to say, in relation to the matter men- 
tioned in this letter, is, that I have no knowledge of any plan for a oanlc, 
to be submitted by the honorable senator from South Carolina ; that I 
know nothing of that gentleman's opinion on the subject of a United 
States Bank, except what I have collected from the public speeches 
delivered here. The last of those speeches was not delivered until after 
the date of this letter. Out of this place in this chamber, I have not 
heard from him one word during this session, on the subject of any bank 
whatever. Therefore, the whole statement in this letter, so far as my 
name is connected with it, is erroneous, and has not the shadow of truth 
for its foundation. I have shown this letter to my colleague, whose 
name is also mentioned; he has read it, and I am not only authorized, 
but requested by him to say, that the same statement which I make as 
to myself, is equally true as it relates to him. 

"When the Senate adjourned on yesterday, I was considering the effects 
on society, in the year 1819, of the proceedings of the Bank of the 
United States, from the time it went into operation. 

The distresses then experienced, and those now felt, are the fruits of 
the charter granted in 1816. The patriots of that day, found the country 
flooded with a depreciated paper medium, put in circulation by State 
banks, and unfortunately, as I think, sought to remedy the evil by the 
establishment of a bank. As the United States were to have the entire 
moneyed power, by the Constitution, and as the States had established 
banks, it was believed the United States might establish one also, to regu- 
late the currency. Instead of this, if the collection of the revenue, and 
all debts due to the government, had been enforced in money, the moral 
sense of the community, the fertility of our soil, and the industry of the 
people, would soon have given us a sound circulating medium. State 
banks, which had the means, would soon have been compelled to resume, 
and continue, specie payments, and those which were unable to do so, 
must have stopped business. The duties upon foreign importations 
alone, were from forty to fifty millions of dollars. With the power of 
government exerted in the proper direction, a sound currency must have 
been procured, within a very short period. But bank notes, though not 
money, were considered currency, and with a view to check and control 
a depreciated State currency, it was supposed the United States had a 
power to establish a bank, which should give a sound currency itself, and 
compel State banks to do likewise. This word "currency " I cannot find 



126 MEMOIR OF HUGH LAWSON WHITE. 

in the Constitution. Constitutionally speaking, nothing but money is 
currency, and nothing can be money which is not metallic. Bank notes 
issued under the authority of the federal or State governments, are not 
currency ; they are not money, nor can they be made so. They are 
nothing but credits used by common consent, to pass as substitutes for 
money. Promissory notes, negotiable and negotiated, or bills of exchange, 
are as much entitled to the appellation, of currency, as bank notes are. 
If bank notes are currency, what will be said of the notes of the bank of 
the late Stephen Girard ? What of the notes of the bank of my country- 
men, Yeatman, Woods, and Co. ? These bank notes are as current as 
the notes of the Bank of the United States. A man may set out at New 
Orleans, and travel on to Philadelphia, and he will find these notes 
current the whole route ; yet no charter for a bank was ever granted, by 
any government, to either of those gentlemen. These notes are nothing 
but credits ; they pass in place of money, by common consent, and so do 
the other bank notes. The only thing that gives them currency is the 
confidence, that whenever the holder wishes money for them, and will 
apply for it, at the place specified for payment, the makers will be found 
able and willing to pay the specie, and lift them. Nothing can prevent 
them from depreciation but this confidence. 

Mr. President, I know of whom I speak, and I know among them are 
men, who have the highest claims to our confidence, which purity of 
motive and strength of intellect can give ; yet I must be permitted to say,- 
I think the distinction then taken, and acted upon, by granting this 
charter, between money and currency, has no warrant in the Constitution. 
I think the bank then created in consequence of that distinction, an ex- 
crescence, which has grown out of an erroneous construction. This bank 
is a political cancer, the roots and fibres of which have ramified them- 
selves through all society, and we might as well hope to tear from the 
human body, the cancer there formed, as to expect to remove from the 
body politic, this bank, without causing pain and suffering. 

It is due, I think, to this subject, that we should permit our minds to 
recur to the situation in which we were placed, as to our currency, when 
this act of incorporation was passed, and the causes which led to the 
state of things which then existed. War had been declared in 1812, 
without any pecuniary preparation, to meet the extraordinary calls which 
the prosecuting of the war could not fail to produce. So far from this, 
the conduct of some of the European powers had driven our government 
into a series of restrictive measures, which so much embarrassed our com- 
mercial operations, as to produce distresses and complaints, which were 
laid before Congress in the strongest!?erms. Out of Congress, these mea- 
sures were reprobated in terms of great bitterness. The measures of the 
then Administration, were represented as ruinous to the commerce of the 
country ; it was said we were truckling to a foreign power ; that there 






UNITED STATES BANK. 127 

was no mode of maintaining the honor of the country, hut by a declara- 
tion of war, and that the Administration was so pusillanimous, it could 
not be kicked into a war. 

Congress believed there was just cause, and therefore did declare war 
against Great Britian. Money was necessary ; the treasury had it not ; 
it must be procured by loans; the opponents of the Administration 
employed themselves assiduously, no doubt many of them from very 
proper motives, to produce an indisposition in all who had money, to 
grant those loans. The politicians, the presses, even the pulpits, endea- 
vored to impress the public with the opinion that it was immoral, and 
wicked, to furnish funds to prosecute a war so unjust, and which had 
been declared, as they insisted, from motives most unworthy. This course 
of the opposition, stimulated the advocates of the Administration to exert 
every nerve, to procure the necessary funds. Individuals and banks made 
loans to the full extent of all their means. The banks were soon led to 
believe that it was a test of patriotism to be liberal in their advances. 
They were urged, nay almost begged, by the Administration, to take up 
loans. The consequence was, that the banks extended their loans to 
government, and to individuals, beyond the limits which their specie 
would justify. Let it never be forgotten, that without the paper of these 
banks, a barrel of flour, a load of ammunition, or even a flint, could not 
be purchased for your army or navy. Peace was restored in 1815 ; it 
found some of the banks already not paying specie ; many others soon 
afterwards suspended such payments also. This, so far from being dis- 
countenanced by the government, was most certainly winked at, if not 
expressly approved. 

A depreciation in the value of the notes of these banks was the neces- 
sary consequence of suspending specie payments, and the same political 
party, which declared the war, still constituted the majority, and endea- 
vored to devise some plan to restore a sound currency to the country. 
The plan devised was the instrumentality of this bank. The object was 
not gain to the stockholders, but the high purpose of regulating the cur- 
rency, through the power of this agent. The government had five direc- 
tors, and the stockholders twenty, and at the head of the directory, was 
placed a man of high respectability — one of so much character^ that if I 
mistake not, at one period during the war, he acted as the head of three 
of the executive departments at the same time. 

The bank commenced its operations, and instead of aiming, by a pru- 
dent, steady, and wise policy, to attain the object for which it was created, 
it united with the State banks, in extending accommodations to indivi- 
duals, and in increasing the issues of bank paper to a most unreasonable 
extent. Specie payments were resumed, it is true. Branches of this 
bank were established in several of the States : those established in the 
"West, with which I had the only acquaintance, were not furnished with 



128 MEMOIR OF HrGH LAWSON WHITE. 

one dollar of actual capital. The cashier was sent to estahlish a branch, 
furnished with drafts for the public moneys deposited in the State banks, 
and with a power to collect the floating capital in the country, by draw- 
ing upon the banks in the Eastern cities. In place, then, of aiding State 
banks to continue specie payments, Avhen resumed, this very bank with- 
drew the means of enabling them to do so. In place of inducing them to 
curtail, by prudent means, their issues, already too great, they were 
encouraged to increase their circulation still more. The immense amount 
of money in circulation gave an artificial value to everything. Over- 
trading was carried to such an extent, that all idea of the true standing 
and credit of men, in society, was lost sight of. Cities were improved, 
and villages sprung up, as if by enchantment ; each little town was fur- 
nished with more merchants than were sufficient to have done the 
business of the whole country in which it was situated. This artificial 
state of things could not last. As soon as there was a demand for specie, 
the counter-current commenced. The United States Bank began a rapid 
curtailment, to save itself froni open bankruptcy ; it broke up State banks 
and individual customers. The State banks broke up their customers ; 
many of them were forced to suspend again specie payments, and a 
depreciated currency was imposed upon the community. Some of the 
State banks never afterwards resumed specie payments; and a sound 
currency was not again restored to the country until from 1824 to 1826. 
"Where, in 1817 and 1818 there appeared nothing but wealth, prosperity, 
and comfort, in 1819, 1820, and for some time after, there was one scene 
of pressure, distress, bankruptcy, and ruin. And all this grew out of the 
incorporation of this bank, and transferring to it the power of regulating 
the currency. The country was flooded with a paper currency when it 
suited the bank to make property high ; and the whole circulating medium 
was withdrawn, when it was the interest of the bank to reduce property 
in value. What assurance can we have that the operations of this bank 
will not, again, be directed to individual gain, should the charter be 
prolonged ? 

This bank was vested with its extensive powers for high governmental 
purposes. It is admitted that the State banks, generally, are completely 
in its power, and under its control. All these immense powers have 
been, in some instances, used for the purposes of individual gain, at the 
expense of the community. Society at large is unsafe while it is in the 
power of a board of directors of this bank to fix what value they please 
upon property, by making the common standard of value, the circulating 
medium, plenty or scarce. 

Mr. President, the conduct of this bank well justified the Secretary 
of the Treasury in using the power given him by the 1 6th section of 
the act of incorporation, if he thought it sound policy to withdraw tho 
public deposit. 



UNITED STATES BANK. 129 

I will not weary the Senate by travelling over the whole of the reasons 
he has assigned for the removal, but will only advert briefly to some 
which, to my mind, would be satisfactory. 

The bank, as the fiscal agent, violated the trust reposed in it, by not 
paying the three per cent, stock as directed. 

A summary of the leading facts shows this to have been the case : The 
administration determined to pay a portion of this stock, at a given time ; 
the bank was furnished with the necessary funds, and instructed to make 
the payment. Instead of complying with these instructions, it negotiated 
with the owners of the stock, to induce them not to apply for payment at 
the time specified, but to delay the application for some eight or twelve 
months, and promised that it, the bank, would pay the accruing interest. 
I contend this was a violation of duty, for which the agent should have 
been dismissed. An individual owes another a sum of money, bearing 
interest ; he determines to pay the debt, and lift the bond : he furnishes 
his agent with the necessary funds, and instructs him to make the pay- 
ment at a given period. The agent disobeys his instructions, and 
promises the creditor that if he will hold the bond twelve months longer, 
he will pay the interest. What ought the principal to do in such case ? 
I say, dismiss the agent. And it should have been done in this case, 
with the less hesitation, because here the agent sought its own interest, 
at the time the instructions were violated. The uses, to which the bank 
applied the money, yielded a profit of six per cent. And the stock 
bore an interest of only three ; so that the bank would pocket the 
difference. 

Again. As I have already stated, this bank was established for the 
high purposes of restoring a sound currency to the community, and keep- 
ing it sound. The Secretary tells us in his report, that it commenced 
rapid curtailments in the month of August, and continued them up to the 
first of October ; that these curtailments compelled the State banks to 
curtail likewise ; that the deposits of public moneys enabled it to accu- 
mulate large balances against the State banks, and for those balances it 
was drawing the specie ; that a continuance of this system a short time 
longer, would have compelled the State banks to have suspended specie 
payments, and visited the trading part of the community with bank- 
ruptcy and ruin. This state of facts, the truth of which I see no 
reason to doubt, furnished two satisfactory causes for changing the 
deposits. 

Again. One object of vesting this corporation with these extravagant 
powers, in trust, was about to be violated. These powers were exerted 
in such a manner, as to compel a suspension of specie payments, which 
would inevitably have led to a depreciated currency. This was a breach 
of the trust, and the Secretary had a right to ward off the mischief, by 
withdrawing the public funds, which were the instruments employed by 

9 



130 MEMOIR OF HUGn LAWSON WHITE. 

the bank, for the accomplishment of its purpose. Upon principle, it 
seems to me the Secretary had a right to exercise his power to maintain 
a sound currency, and it has been abundantly shown that Mr. Crawford, 
when Secretary, often exerted the like power to accomplish the same 
object. But it has been argued that Mr. Crawford did not claim this 
power by virtue of this 16th section, but by virtue of the joint resolution, 
adopted during the same session. To this argument by our opponents, I 
submit two answers. 1st. It is a mistake to suppose that Mr. Crawford 
did not claim this power in virtue of the 16th section. Some of his let- 
ters referred to by other gentlemen, show expressly, as I think, that this 
power was claimed and exercised in virtue of this very section. 2d. If I 
am mistaken in this, and the power was exercised in virtue of the reso- 
lution, the same power is still continued to the present Secretary. The 
resolution is not temporary, but permanent. It is unlimited as to time. 
It authorizes the Secretary to adopt such measures as he may judge 
necessary, to procure a sound currency. Of what use would it be to 
enable banks to resume specie payments, and afford a sound currency, 
unless such payments are continued. The same means, therefore, which 
could lawfully be employed to procure a sound currency, may lawfully 
be used to continue such a currency. If, then, Mr. Crawford could 
rightfully transfer the public moneys to State banks, to enable them to 
establish a sound currency, so could Mr. Taney to enable them to main- 
tain it. 

Again. If I am mistaken in this, from the same facts another reason 
is furnished, which justifies the removal. It is admitted, by those who 
put the most limited construction upon the powers of the Secretary, that 
he may and ought to remove the public moneys whenever they are 
unsafe. They say the power of removal is a trust, and to be so used as 
to preserve the fund. Suppose this principle correct, for the sake of the 
argument. The Secretary informs us, that the bank was pursuing a 
course in the commercial cities, which, if not checked, would have com- 
pelled the State banks to suspend specie payments, and have placed in a 
state of bankruptcy, the commercial community in those cities. These 
same merchants were the debtors of the government upon bond, for 
duties constantly falling due ; these bonds when taken are always depo- 
sited with the bank for collection ; the government has the same interest 
in its debtor continuing able to pay a bond thus deposited, that it has in 
preserving the money from loss, after it has been paid. Upon the prin- 
ciples assumed then, by honorable gentlemen who have argued on the 
other side, it seems to me the Secretary might well remove the deposits, 
if by doing so, it would protect the debtors of the government from that 
oppression practised by the bank, which would have ended in their bank- 
ruptcy, and have defeated the payment of the bonds already in possession 
of the bank for collection. 



UNITED STATES BANK. LSI 

I contend, also, that the bank violated the spirit of the 9th funda- 
mental rule, contained in the 11th section of its charter, which is in these 
words: "The said corporation shall not, directly or indirectly, deal or 
trade in anything except bills of exchange, gold or silver bullion, or in the 
sale of goods, really and truly pledged, for money lent, and not redeemed 
in due time," &c. 

The bank is charged with having interfered in elections, and with 
having used its corporate funds, for the sake of defraying the expenses 
of publications intended to influence public opinion. The bank admits it 
has expended various sums to protect itself against unfounded accusa- 
tions, and to enlighten public opinion as to the nature and operations of 
the bank. By looking into the bank statements it will be found, that 
before the present Chief Magistrate came into office, the expense account 
for printing, was only a few hundred dollars per annum. In the two 
years, 1831 and 1832, the expense account for "speeches in Congress, 
and other miscellaneous publications," was upwards of forty-one thousand 
dollars. In the last of those years was the presidential election. There 
can be no mistake as to facts ; in this case they are shown, and openly 
admitted by the bank. The justification it sets up is, that it was attacked 
by the President, and that it had a right to defend itself. The resolu- 
tions of the board show, that the directors authorized the president of the 
bank to expend money without limitation, for such purpose. Now I am 
willing to admit that a corporation may defend itself, by publishing a 
contradiction, or giving an explanation of any charge made against it by 
any person whatever ; but there I say it must stop. It has no right, by 
any expenditure of its corporate funds, to enlighten, or regulate public 
opinion on the science of banking. 

How does the bank say the President attacked it ? In his different 
messages to Congress. These communications it was his duty to make if 
they contained his sentiments, and he believed it for the public interest 
that these opinions should be made known to the national legislature ; 
and against such communications, the corporation had no right to make 
publications, or cause them to be made by others. If the bank is useful 
to the public, if its operations are beneficial to the community, that com- 
munity and its public agents will advocate its utility. The individuals 
composing the corporation, have the rights, and are allowed the same 
powers, through the press, or by other means, to defend their interests, 
that other individuals have, but they have not the additional right, to 
use their corporate funds for the same purposes. This would give the 
corporation such an advantage over individuals, as to bear them down, by 
the mere force of money. The corporation has no right to use a dollar 
for any purpose not specified in the charter, or necessary to give effect 
to some purpose specified. The matters, in which the corporation may 
trade, or deal, are specified. All others arc forbidden. It has no right 



132 MEMOIR OF HUGH LAWSON WHITE. 

to deal in " speeches," in " addresses" to State Legislatures, or in " mis- 
cellaneous publications." If it has a right to expend money in purchas- 
ing them, it has a right to make money by selling them. Why not set up 
a bookstore? The principle is the same. Nay, worse. The real object 
is, to trade in public opinion. Not to buy " golden opinions," but to 
procure opinions by the use of gold. 

Honorable senators who argue on the other side, say the bank can have 
no influence in elections, that there is a prejudice against moneyed insti- 
tutions, and that, in a canvass, they would rather have the bank against, 
than for them. I think very differently. A bank can, and often has a 
controlling influence, and the more dangerous, because it is often unseen ; 
and if ever I should be engaged in a contest for popular favor, I would feel 
much more safe with the friendship, than with the enmity of the bank. 

The honorable senator from Georgia who has so ably and so eloquently 
sustained the course of the Administration, thinks the bank can never in- 
fluence public opinion, and adduces the result of the last presidential 
election, as a proof of the correctness of this opinion. Mr. President, I 
admit the bank did interfere in the last election for President ; that it 
spared no pains or expense, to influence the public opinion against the 
present Chief Magistrate, and I admit he was elected by an overwhelm- 
ing majority ; but I deny that this was any proof that the bank has no in- 
fluence, on ordinary occasions, where men of common standing, and or- 
dinary services, are competitors. The popularity of the successful candi- 
date, is not of the ordinary kind — it does not rest on the common found- 
ation. His public services commenced when he was yet a boy. At the 
close of the Pvevolution, he was an orphan, without relatives, but not un- 
known, or without friends. His services and his conduct had already 
attracted the attention of some. "With his manhood commenced a series 
of public services and employments, which have been continued through- 
out a long life, and one for usefulness, having hardly any parallel. From 
these services, the roots of his popularity struck deep, and extended far 
among the people of the United States. They were watered by the sweat 
of many toils, they were strengthened by numerous and imminent perils, 
until finally, on the plains of New Orleans, he was presented in an aspect, 
and his character proclaimed to the world in peals of thunder, accompanied 
by blazes of lightning, that at the same time astonished, and drew tears 
of joy from the eyes of patriots within these walls. These services em- 
bedded him in the hearts of his countrymen, and enthroned him in their 
affections. They fixed the conviction in public opinion, that he possessed 
a strength of mind, which the eloquence of Demosthenes cannot mislead ; 
an integrity, which the wealth of Croesus cannot corrupt, and a firmness, 
which the daring boldness of Catiline cannot intimidate. Tell me not, 
then, that the result of this election is a proof that the bank can have no 
influence. In this instance, all ages and sexes knew and appreciated the 






UNITED STATES BANK. 133 

services of the successful candidate. You can hardly find a boy twelve 
years of age, who cannot tell you something of them. But let a canvass 
commence, in which the bank feels an interest; let the competitors be 
men whose character and worth are only known to few public men with 
whom they may have been associated, and we may witness a very differ- 
ent result. 

Honorable senators cannot perceive how the bank, through the use of 
money can influence public measures. Mr. President, " Money is the root 
of all evil." Men desire it, because it stands in place of everything else. 
TYitli it, we can decorate our own persons, and gratify the wisbes of our 
families. With it, we can, as we think, procure almost every temporal com- 
fort. While we are men, it is vain to talk of us as though we were angels. 
I can imagine many cases, in which the use of money might have a de- 
cided influence on the conduct of men esteemed virtuous and enlightened. 
I have no fear of the influence of this bank, because it will go, or send 
others to buy votes, among the mass of the people, by giving five dollars 
to one, ten dollars to another, or twenty to a third. No sir. My appre- 
hensions from its influence are of a different description. Two years ago, 
this bank applied for a renewal of its charter; you [Mr. King, of Alabama, 
in the chair], and I, both opposed it. "We voted against it, and used our 
best exertions to defeat it. It now seeks a restoration of the deposits, 
and an extension of its charter. We came here determined to vote 
against it, upon all points, and such we believe to be the sentiments, 
and wishes of those we represent. Shortly after our arrival, you are in- 
formed that your crop of cotton has fallen far short of what you expected, 
and that its price is much lower than you anticipated. You had con- 
tracted a debt, say for ten thousand dollars, which you had directed your 
manager to pay from tbe proceeds of this crop. He informs you the crop 
has failed; that your creditor needs, and must have his money. (I beg 
your pardon for using your name for my illustration, take my own.) 
Here I am, without any more means than will bear current expenses, and 
here I must stay until the business of the public is finished. What is to 
be done ? I must borrow if I can, but from whom? Local banks have ex- 
tended as far as they dare go, I need not apply to them. The United 
States Bank has means, and could accommodate, but I think it will not ; 
it knows I have done, and will continue to do, all I can to disappoint its 
wishes. I make my case known to my friends — they advise me to apply 
to this bank; that it does not proceed upon tbe selfish and illiberal prin- 
ciples attributed to it. I prepare my note, my friends endorse it, and I 
make my application. The officers tell me they can spare the money 
very conveniently ; that they know the debt would be good, but if the 
loan was made, it might not in the end be an accommodation ; that the 
bank is struggling for its existence, against all the influence the executive 
can bring to bear — already have the public deposits been removed; there 



134 MEMOIR OF HUGH LAWSON WHITE. 

is no certainty they will be restored, and if tliey are, unless the charter 
is prolonged, they must be arranging their concerns for its determination; 
therefore, if they make the loan, they can give no assurance how long 
they can continue the accommodation ; that they know I have been op- 
posed to the bank, upon principle, and expect me to continue so, but 
that circumstance can make no difference ; that it would give them as 
much pleasure to accommodate me, as if I were a friend to the institu- 
tion, provided they coxild do so. My credit is in jeopardy — I need, and 
must have the money ; I determine to take it, and run the risk of being 
in some way enabled to repay it, when called upon. "With the money, I 
return with a light heart to my lodging, and enclose it to my correspon- 
dent at home, with instructions to lift my bond. My mind dwells upon 
the transaction, and I begin to conclude after all, this bank is not so bad 
as it has been represented : its conduct has at all events been more liberal 
to me than I had any reason to expect. I come to the Senate the next day, 
and listen attentively to the arguments adduced to prove, that the Pres- 
ident, in removing these deposits, has violated the public faith ; that he 
has violated the chartered rights of this corporation ; that he has usurped 
a power not vested in him by the Constitution or laws, and that if such 
conduct receives no rebuke, the government will be changed, and all 
power concentrated in the hands of one man, who will be a tyrant or a 
despot. These arguments make a deep impression; I reflect upon them: 
they acquire additional force, and I am sure they would have been satis- 
factory to my constituents, if they could have heard them; more espe- 
cially as the question of u Bank or no Bank," is not; involved. The ques- 
tion is, " Constitution or no Constitution,'" "Liberty or Slavery." My 
mind settles down in favor of restoring the deposits ; I so vote, and the 
deposits are restored. What next? The State banks have extended their 
loans, on the strength of these deposits, which are now to be withdrawn. 
These accommodations must be rapidly curtailed ; these curtailments 
produce bankruptcies, and unmeasured distress in society : the funds ne- 
cessary to protect these banks, against the Bank of the United States, are 
taken from them, and placed in the hands of an enraged rival ; through 
these funds large balances are immediately accumulated against them ; 
the specie is all withdrawn from some one, and it is compelled to suspend 
specie payments: this creates a "panic," which produces a run upon all, 
and ends in a general suspension of specie payments. Here is a new state 
of things ; a depreciated local currency. If we have bank notes at all, 
they ought to be of that description, that five dollars here, will be five 
dollars everywhere in the Union; neither I nor my constituents, will be 
content to handle as money, rags and trash, with a pocket full of which a 
man could not pay for his breakfast. Up comes the great question for 
renewing or elongating the charter of this bank ; " Bank or no Bank," 
and what am I now to do ? This is precisely similar to the state of things 



UNITED STATES BANK. 135 

which existed in 1816. As a statesman, I must adapt my legislation to 
the circumstances in which I find my country. In the like circumstances, 
men of the strongest intellect, most cultivated minds, purest patriot- 
ism, and unsullied characters, gave up their constitutional scruples, and 
for the sake of purifying the " currency," established this bank ; for the 
like reasons I will lay down my old opinions, and vote to continue it. 
The session closes, and before I go home, I call at the bank to make some 
arrangement relative to my loan, until I can return at the next session, and 
pay the debt. The officers tell me things have taken a direction, which 
they did not anticipate ; fortunately public agents have seen the public 
interest, in its true light ; the bank has had its charter enlarged ; its busi- 
ness will be continued, and must of neoessity require the services of some 
professional man, as its legal adviser and attorney, that it will be considered 
a favor if I will accept my note as a retaining fee. Thus the matter ends. 
Now, who will venture in the case supposed, to charge me with corrup- 
tion, and yet does not every one feel, and see that money was the cause 
of all these operations through which the mind passed ? "We must take 
man as he is ; if properly constituted, acts of kindness will have their in- 
fluence upon him, and none can certainly say, to what extent they may 
carry him. Who can be unmoved, while his "enemy is heaping coals of 
fire upon his head," by doing him acts of kindness, which add to his com- 
forts ? Few, if any, who are composed of the common materials. 

Mr. President : It appears to me that the Secretary of the Treasury, 
for the reasons which I have stated, as well as for those which have 
been stated by others, and which I have no inclination to repeat, had 
the power to remove the public moneys from the Bank of the United 
States, and place them in other banks for safe-keeping; and that the 
conduct of the bank justifies the exercise of that power. But, when he 
came to form an opinion whether it was good policy to exercise it, or not, 
a question was presented, upon which the warmest friends of the 
Administration, and the sternest opposers of the bank, might well and 
honestly entertain various opinions. The immense powers of this bank 
— its great capacity to do good, or inflict evils upon this community, 
and the unyielding determination it had manifested to procure a renewal 
of its charter, if possible, might well make the prudent, the timid, if you 
choose, decline its exercise. But the deposits have been removed, and 
with me the question now is, is it good policy to restore them. I say 
no. I am opposed to prolonging the charter of this bank ; I wish its 
concerns closed when the charter expires. It is said the country is 
distressed. I believe it. The deposits have been removed into State 
banks, and accommodations have been extended on the strength of these 
deposits. If the deposits are restored these accommodations must bo 
withdrawn. This will make the confusion greater, and add to the 
distresses. The United States Bank is under no necessity, as has been 



136 MEMOIR OF HUGH LAWSON WHITE. 

clearly demonstrated by the senator from Missouri, to curtail its accom- 
modations any farther at present. If the deposits are restored, the bank 
will be under no obligations to grant any increased accommodations on 
account of them : if it does, they must be limited in amount, and for 
short periods. If the bank is to be wound up it must collect its debts, 
and pay what it owes. By restoring the deposits, you put the State 
banks in the power of this bank to destroy them, and to compel them 
to suspend specie payments at will. This power, I fear, would be 
exerted, if it were believed that that was the most certain mode in 
which to procure a renewed charter. 

The honorable senator from Massachusetts thinks the deposits ought 
to be restored, and the bank rechartered, and that this is an effectual 
plan to relieve a distressed community. With the opinions he enter- 
tains, his policy is sound. He is correct throughout, and consistent. 
If I believed as he does, that we had power to charter a bank, and that 
this bank was an essential agent for the government, and its operations 
a blessing to the community, I would go with him and say, the deposits 
ought not to have been removed ; they ought to be restored ; the bank 
rechartered, and society put at rest. But, believing we have no such 
power (and if we had, that it ought not to be exercised), to restore these 
deposits, would, I think, aggravate existing distresses, and make "con- 
fusion worse confounded." 

Mr. President, it has been urged, that if there has been any impro- 
priety in the conduct of the bank, such conduct will find a justification 
in the conduct of the Chief Magistrate ; that he has been guilty of an 
usurpation of power ; that his course has been tyrannical ; that he has 
violated chartered rights, the Constitution of his country, and the public 
faith. These are high charges, made with great freedom, and maintained 
by distinguished ability. I am not among the number of those who find 
fault with this course, on the part of those opposed to the Administra- 
tion. Our liberty depends on the freedom with which we examine the 
conduct of those in high offices. If the charges are not well founded, 
making them cannot do harm to those against whom they are made ; 
and if well founded, society is benefitted by having their misdeeds pub- 
licly exposed. The whole of these charges rest upon the supposition 
that the President has assumed and exercised powers, with which he was 
not vested by the Constitution or laws of the United States. 

We are here naturally led to inquire, what has he done, and what is 
the nature or character of the power he has exercised. 

He has removed one Secretary of the Treasury and appointed another. 
He called upon the directors of the Bank of the United States, which, 
with the advice and consent of the Senate, he had appointed, to report 
to him the manner in which the business of that institution had been 
conducted and was being conducted. After he received their report, he 



UNITED STATES BANK. 137 

determined that the public moneys to be collected after the 1st October 
last, should not be deposited in that bank, but placed in other banks for 
safe-lceping, until called. for to satisfy appropriations made by Congress. 
The whole power then, which the President has undertaken to exercise, 
is neither more nor less than this, that he, as the Chief Magistrate, has 
the power to construe the Constitution and laws of the United States, to 
endeavor to ascertain their true meaning, and then carry that meaning into 
effect, so far as depends upon his own action, or the action of those infe- 
rior officers appointed to aid him in the discharge of his executive duties. 
It appears evident to me that he possesses this power, and that his wholo 
duties consist in exercising such powers. He, therefore, has not assumed 
or taken upon himself to exercise any power, which, in its nature, he 
did not possess. In its exercise he may be mistaken ; he may think the 
framers of the Constitution or law meant one thing, when they intended 
another ; but this would only be an error in judgment, if unintentional, 
or an abuse of power, if designed : in neither case would it be an 
assumption of unauthorized power. In what manner then did he exert 
this power ? He sought the necessary information to enable him and 
the Secretary of the Treasury to form a correct opinion, whether the 
power given to the Secretary, in the 16th section of the act incorpo- 
rating the bank, to remove the public deposits, ought to be exerted 
or not. When this information was obtained, he came to the conclusion 
that the public interest required that they should be removed. The 
then Secretary of the Treasury came to the conclusion that the deposits 
ought not to be removed, and that as he was the officer appointed by 
the act to give the order, he was constituted the sole judge, and that the 
President had no power to control him. He, therefore, refused to give 
the order, and refused to resign: the President dismissed him, and 
appointed another, who agreed with him in opinion, and ordered the 
deposits to be removed. Had the President a constitutional power to do 
this ? I have no doubt he possessed the power. By the first section of 
the second article of the Constitution, the executive power is vested in 
the President of the United States. In every government there are two 
general classes of power; one to make the law, the other to execute it. 

By our Constitution this latter class is subdivided into judicial and 
executive. "We, therefore, have three great departments : 

1. Congress, to make laws, with the aid of the President, upon all sub- 
jects confided, by the Constitution, to the general government. 

2. The judiciary, to expound and enforce, or execute the laws confided 
to that department. 

3. And the executive power, which is vested in the President, and 
comprehends the whole executive power given by the Constitution, and 
not expressely conferred somewhere else. 

The whole judicial power is vested in a Supreme Court, and such infe- 



138 MEMOIR OF HUGH LAWSON WniTE. 

rior courts as Congress may, from time to time, ordain and establish. 
The Treasury department belongs to the executive department, by tho 
Constitution. It has no connection with the power of making laws, 
therefore, belongs not to the legislative department. It belongs not to 
the Supreme, or to any inferior court, therefore, is no part of the judi- 
ciary. The only remaining department is the executive, to which it 
must belong. 

It appears evident to me, that the framers of the Constitution intended 
that the executive power should be vested in one head, who would be 
bound not only to discharge, faithfully, all his ownpersonal duties, but 
likewise should be clothed with the necessary powers to compel the infe- 
rior officers in the executive department, to perform theirs likewise. 
The President is bound to see that the laws are faithfully executed. This 
gives him no power over the judiciary. The courts have their appro- 
priate duties confided to them by the laws and the Constitution, and 
discharge them independently of the executive. But all executive 
officers falling within the executive department, he has, and must have, 
a power to control. The heads of departments are appointed by him; 
they can only be displaced by him, or by impeachment and conviction. 
If the Secretary of the Treasury should put an improper construction 
upon a revenue law, and would neither give up his construction, nor 
retire, he might defeat the collection of the whole revenue before Con- 
gress would be in session, unless the President had the power of remov- 
ing him. In this very case, suppose the President had believed the whole 
of the money in the bank would be wasted before the session of Congress, 
and had called upon the Secretary to remove them, and he had refused, 
saying, he conscientiously believed there was no danger, and the Presi- 
dent had yielded, from a belief that he had no power to remove him in 
such a case, and the money had been all wasted. Would any gentleman 
justify the President. I think not? When they conscientiously dis- 
agree, one must yield, or retire, and that should be the subordinate • 
otherwise we have no executive government, of any practical utilitv. 
There is one thing in which I think Mr. Duane was right, and that is in 
not giving the order for removal, unless he had been convinced his 
opinion against the removal was wrong; but his error, as I think, con- 
sisted in not withdrawing from the department. While he believed a 
proper case was not made for the removal, and that a public injury 
would be done by the removal, no consideration ought to have induced 
him to sign an order for such a purpose. But if the President believed 
they ought to be removed, and that a great public injury would result 
from permitting them to remain, and his Secretary would neither give 
the order nor retire, I think he had the power to remove him. 

But, Mr. President, although I think the Chief Magistrate does possess 
this power, yet I believe it is one to be exercised with great caution, and 



UNITED STATES BANK. 139 

only in cases -where he is clearly convinced the public interests demand 
its exercise. This point has been so fully examined, and ably main- 
tained by gentlemen who have preceded me, that I will no longer dwell 
upon it. 

Had the President a right to call upon the government directors, and 
to receive reports from them, of the manner in which the business of the 
bank had been conducted ? Some honorable members have denied that 
he had. On a former occasion, I stated my doubts as to their construc- 
tion of the charter. Since then, I have examined it with more attention, 
and am satisfied their limited construction is inaccurate. I will, as 
briefly as I can, state the reasons which have led to the opinion I 
entertain. 

In our examination of the act incorporating this bank, we ought never 
to forget, that the very objects of its creation were high national ones. To 
restore and preserve a sound circulating medium to the community, and to 
act as fiscal agent, in receiving and paying out the public moneys. To 
accomplish these important objects, there are to be twenty-five directors 
to manage the institution ; five of these were to be appointed by the 
President, by and with the advice and consent of the Senate. These 
directors are to hold their appointments for one year, and until others 
are appointed ; and an express power is given to the President to remove 
the five government directors, within the year, if he believes the public 
interest requires it. By the 1st section, the United States are to subscribo 
for seventy thousand shares, equal to seven millions of dollars, which is 
one fifth of the whole capital. By the 7th section of the act, the stock- 
holders are vested with a power to make such by-laws, rules, and regu- 
lations, for the government of the corporation, and for the management 
of its affairs, as to them may seem proper, not inconsistent with the 
Constitution or laws. In the making of these by-laws, ordinances, rules, 
and regulations, the United States were to have no voice, no vote. By 
the 5th rule in the 11th section, it is provided that a number of stock- 
holders, not less than sixty, who together shall be proprietors of one 
thousand shares, or upwards, shall have the power at any time, to call a 
general meeting of the stockholders, for purposes relative to the insti- 
tution, giving at least, ten weeks' notice, in two public newspapers of the 
place where the bank is seated, and specifying in each notice, the object 
or objects of such meeting. By this provision, sixty stockholders owning 
one thousand shares, can call a general meeting whenever they have 
reason to fear their business is mismanaged. They can call their directors 
to account and examine into their whole proceedings, and make any alter- 
ations or regulations they think their interests may require. At this 
general meeting, the United States are unrepresented ; they have no voice ; 
they have no vote, they have no person to attend, either to receive, or to 
give any information, although they own seventy thousand shares, worth 



140 MEMOIR OF HUGH LAWSON WHITE. 

seven millions. Is it possible for us to suppose the executive branch of 
the government was intended to be excluded from all knowledge of 
the manner in which the institution was conducted ; that the United 
States, owning one-fifth of the whole stock, should have no voice in 
making laws for the government of the directors, and no means of know- 
ing whether they conformed their conduct to the laws or not ; more 
especially that they should have no means of knowing whether the 
policy prescribed and pursued, was likely to carry into effect the high 
governmental purpose of preserving a sound currency? I cannot think 
it possible. Such a construction I must be permitted to say, with great 
deference, would, in my judgment, be & severe reflection upon the enlighfc- 
ened men who passed this act. 

But if we admit, which I think we ought, that they intended the five 
government directors should have an equal agency with any other equal 
number of directors, in the management of the affairs of the bank, and 
that they should be bound at any time, when called upon by the execu- 
tive, representing the United States, their constituents, to report to him 
exactly the same information, which the private stockholders at a general 
meeting might demand of their directors, then every thing is consistent 
and reasonable. 

My construction is, I think, very much strengthened, by the provisions 
in the 23d section, which enacts "that it shall at all times be lawful for a 
committee of either house of Congress, appointed for that purpose, to 
inspect the books, and examine into the proceedings of the corporation 
hereby enacted, and to report whether the provisions of this charter have 
been by the same violated or not ; and whenever any committee, as afore- 
said, shall find and report, or the President of the United States shall have 
reason to believe, that the charter has been violated, it may be lawful for 
Congress to direct, or the President to order, a scire facias to be sued 
out," &c. It must, I think, strike every one reading this section, with 
great force, that complete power is given to Congress to acquire the most 
precise information, to enable it to judge whether the charter has been so 
far violated, as to make the issuing a scire facias necessary. In the same 
section a power is given to the President, to direct a scire facias, if he 
has reason to believe the charter is violated. From what source is he to 
acquire a knowledge of facts upon which to found his opinion ? Not the 
report of the committee. Congress is to act upon it, if any person. It 
would be absurd to suppose that it was intended Congress should procure 
the information, and not to order any scire facias, and that the President 
should upon the same report, direct one to be issued. Congress was to act 
upon the report of its own committee; the President to give his direction 
upon information derived from some other source, and that source is the 
report of the directors whom he had appointed, and had a power to 
remove, for faithless or unwise conduct. This construction is farther con- 



UNITED STATES BANK. 141 

firmed when we see in the same section, that in the scire facias the facts 
which it is supposed have constituted a violation of the charter, must he set 
down so precisely, that an issue can be taken upon them, and tried by a 
jury. What has been alleged in favor of the opposite construction? 
Nothing, except that it is said, the five government directors shall, with 
the other twenty, manage and direct the bank. To single out a single 
expression or paragraph, and fix the meaning from that alone, is not the 
sound rule of interpretation ; we must take the whole act, compare one 
part with another, and fix the meaning from the context. Or what is 
still more correct ; we must ascertain the spirit and meaning of the act, 
and give it such interpretation as will give effect to the will of the law- 
giver. If my construction needs farther aid, its correctness is proved 
beyond question, by the debates when the act was under consideration. 
Those who opposed that provision in the charter which allows directors 
to be appointed, insisted the provision should he stricken out, because 
these directors would be "spies" and informers. The friends to the pro- 
vision say it ought to be retained, because we want these directors as 
" sentinels on the watch tower," to give information. By what rule then 
is it that we are to say the executive has violated the charter, in calling 
for these reports, or the directors for having made them ? By none here- 
tofore recognized as a sound one. The true rule is, to ascertain what the 
legislature intended when they were enacting the law, and then say, that 
is its construction now. My view of this subject is rendered still more 
certain by the opinion of a distinguished gentleman from New York, who 
was at the head of a most respectable committee of the House of Eepresen- 
tatives, in November, 1818. They had given this charter, and the pro- 
ceedings of the directors under it, a laborious examination, and had 
maturely considered the whole subject. One paragraph, in their report, 
connected with a proposition of Mr. Spencer, the chairman, shortly 
afterwards, shows conclusively, his opinion upon this point. The report 
is in these words : " Two by-laws of the bank, seem to your committee 
to deserve notice ; one of them that no discounts shall be made without 
the consent of three-fourths of the directors present," and another, "that 
no director shall, without especial authority, be permitted to inspect the 
cash account of any person with the bank. These by-laws appear to 
render nugatory the provisions of the charter authorizing the appoint- 
ment by the government of one-fifth of the whole number of directors, 
and are different from the provisions, in that respect, by the former Bank 
of the United States, although most of the local banks in Philadelphia 
have similar regulations. Should a state of things exist, in which the 
stockholders should deem their interest hostile to that of the nation, such 
provisions as these stated would render the government directors mere 
spectators of the proceedings of the board." 

The proposition afterwards submitted by Mr. Spencer, contained various 



142 MEMOIR OF HUGH LAWSON WHITE. 

matters, intended as amendments of the charter ; the 5th is in these words: 
" That no by-law of the said corporation, shall exclude the directors 
appointed by the government, from a full knowledge of all the concerns 
of the bank, and of the accounts of every person dealing with it ; and that 
the assent of at least one public director, shall be necessary to allow any 
discount, and to render valid every act of the board of directors." 

By the report, it is obvious the draughtsman and a majority of the 
committee, at least, were of opinion that the government directors were 
bound to report whatever information they could acquire. Mr. Spencer 
believed that the by-laws restricted them too much, and that they ought 
to have access to every account in the bank, as well as the private accounts 
of individuals, as the general accounts. Why enlarge the field in which 
these directors were to collect information, unless they were at liberty to 
communicate all they could collect when required? Thus then, it seems 
to me, the context, the spirit and meaning of the charter, compel us to 
conclude, Congress intended the government directors should make 
reports. The friends and enemies of the charter agreed that that was the 
intention, at the time the act was on its passage, and such has been con- 
sidered its construction ever since, until this controversy. If the con- 
trary is now settled to be its meaning, and the directors are not at liberty 
to communicate any information ; if the whole proceedings of the board, 
and all the operations of this great moneyed institution, in which the 
government has so much at hazard, and which can so materially affect 
every interest in the community, are to be kept profound secrets, then I 
must be permitted to believe it is too odious, and too dangerous, to be 
tolerated one moment longer than we are now compelled to allow it to 
exist. 

Mr. President, I have now discharged a duty, far from pleasing to myself. 
It was due to those who sent me, as well as to others, that from my place 
in this body, I should state the reasons upon which I expect to rest my 
votes. Having done so, I will only add my acknowledgments to the 
Senate, for their patient attention, after the subject had been so long, and 
so ably discussed, as to have left no hope that anything I could say, 
would be matter of interest either here or elsewhere. 



The following letter, dated the day before the delivery of the 
speech, is of some importance as showing Judge White's sentiments 
as to the obligation resting upon him in regard to it. The expression 
of his sentiments was a delicate task, but one which his constituents 
expected him to perform ; and he acquitted himself satisfactorily to 
those with whom he acted, and in such a manner as to give no just 
cause of offence to those who differed from him in opinion. He com- 



UNITED STATES BANK. 143 

mences with some very sound reflections suggested by a dissension 
among some of his friends in Tennessee : 

The majority of men are selfish ; and whenever their plans for wealth 
or honor are not seconded hy others, their hostility is sure to manifest 
itself; but by bearing with them, such hostility will only last until they 
see that the object of their wrath has again the power of giving them 
assistance. Then, simulated friendship again returns, and all is well. 
The life of a useful public man is necessarily one of sacrifices of interest 
and feelings. By these sacrifices alone can he live down the daily slanders 
with which he is loaded. 

On to-morrow, if I live and am favored with tolerable health, I intend 
to express some of the opinions I entertain, on the topics* so long and so 
ably discussed. In the extensive field, hardly a head is left for the 
gleaner ; but if I say nothing, the motives of my silence may be misrepre- 
sented ; therefore something must be said. 

I have felt embarrassed, and still do, by the following circumstance. 
Last summer the President asked my opinion as to the removal of the 
deposits. I thought, with the information I then had, it was bad policy, 
and so told hiin. Although this correspondence was confidential, my 
letter was shown to his cabinet, and to others. Thus you see the unplea- 
sant situation in which I am placed, by acting with that frankness towards, 
and friendship which I hope ever to feel for, the Chief Magistrate. Thus 
situated, I thought silence best became me. Now, we have arrived at a 
point where, in my opinion, silence would be censurable. I must there- 
fore present my opinions as they are honestly entertained, regardless of 
all consequences. 

He adds, with terse sincerity, in reply to a suggestion that his name 
should be used for the presidential candidacy in the election of 1836 : 

There are in my mind two reasons why my friends ought not to think 
of using my name as you suggest. 1st. The public do not wish it. 
2d. I do not. 

Condy Raguet, the well-known financial writer, addressed to Judge 
White, March 28, 1834, the following dexterous letter, which refers 
to the subject of the bank, and likewise, though very indistinctly, in 
the final paragraph, to the same plan of making Judge White a 
presidential candidate in the election of 1836 : 

Dear Sir: The high opinion I entertain of your public character and 
private integrity induces me to address you this letter. Being one of the 

* Topics connected with the Bank. 



144 MEMOIR OF HUGH LAWS ON WHITE. 

very few individuals north of the Potomac who entertain a conscientious 
conviction of the unconstitutionality of a federal bank, I feel a deep con- 
cern lest the course which public opinion seems to be taking, may bring 
about a state of things far more disastrous than has yet been anticipated. 
I allude to the mania for the incorporation of State banks with immense 
capitals, founded solely upon the expectation of having the control of the 
public money. These banks, if they should be chartered in various States, 
might by combinations be rendered as dangerous to the peace of the 
country as any single federal bank ; and it seems to me that all who are 
opposed upon principle to the extension of paper machinery, should use 
their influence in preventing it. 

Taking it for granted that there is not the most remote probability of 
the renewal of the charter of the present bank for any length of time, 
long or short, or of the incorporation of a new one, during the term of 
service of the present executive, and believing that the future happiness 
of the country demands that the government should be wholly separated 
from the banking system in all its forms, I have turned the subject over 
in my mind, and have placed on paper the result of my reflections, written 
as I would have worded an editorial article. This sketch I enclose for 
your perusal. If you think that it contains any suggestions Avhich can be 
made useful, it is at your service. If not, be pleased to return it to me, 
and allow me to say that as I have no right to intrude my opinions upon 
you in such a way as to appear to invite yours, it will give me no umbrage 
if you do so without a word of comment. The question at issue is one 
upon which honest men widely differ, and as I do not know your senti- 
ments in relation to it, I cannot be charged with rudeness in making 
known to you mine. I consider the country to be in a fearful state, and 
would be glad to see some friend of the Administration upon whose 
virtue and principles I could rely, bring forward some measure for relief. 
I am, dear sir, 

With sentiments of much respect, 

Tour ob't serv't, 

CONDY RaGUET. 

P. S. — After writing the above, and before the letter was sealed, a 
respectable gentleman whom I happened to see, made the following re- 
mark. " There are two parties here, one of which would do anything to 
put down General Jackson, and the other anything to sustain him. But 
there is a third party, and a very large one, who care not a straw about 
who is President, but who anxiously desire to see some measure of relief 
for the country, let it operate against, or in favor of, whom it may." 
This is no doubt true ; and the man who should propose in Congress and 
carry through a measure calculated to conciliate all parties, by yielding 
something to each, would merit, and would receive, the applause of the 
whole people." 



LETTER TO CONDY RAGUET. 145 

This letter Judge White answered, April G, 1834, with a noble and 
complete statement of absolute political independence, and a manly 
avowal of consciousness of the comparatively uninfluential station 
which such independence must always necessitate ; and with a clear 
and vigorous summary of his opinions on the points of the bank 
question, as follows : 

Deak Sir: Your letter dated 29th ult., and the project which accom- 
panied it, reached me in due course of the mail. Other duties have pre- 
vented my answer at an earlier day. I feel gratified that my course has 
been such as to be approved by one whom I think so well qualified to 
form correct opinions in everything which relates to the fundamental 
principles of our government. 

Nothing could give me more pleasure than to be the instrument of 
doing something which would be of lasting benefit to the people whose 
interests are liable to be affected by my public conduct. But I feel too 
little confidence in my own abilities, and am sure that my hold upon pub- 
lic opinion is too slender, to permit the hope that this can ever be effected 
by venturing to become a leader. I do not carry on political or friendly 
correspondence with any man living : I have a cordial dislike for every- 
thing like contrivance, by which to put or keep any man or set of men 
in power. Thus you will see my course is too individual for me to be 
useful on a large scale. My whole aim and ambition is to fix in my own 
mind the political principles which in my own opinion best accord with 
the Constitution, and then to give them such practical effect as will be 
productive of the most good. 

Upon the great questions which now so agitate the public mind, I have 
employed myself industriously, with an anxious desire to come to correct 
conclusions, and I give you the results with that candor which I hope 
belongs to my character. 

I do not believe the Constitution of the United States vests in Con- 
gress any power to charter a bank, nor do I think the precedents which 
have been furnished are binding as authorities upon this or any future 
Congress. 

I do not believe the present Congress has any more power to prolong 
this charter for even a year, than that of 1816 had to grant it for twenty 
years. 

If Congress had the power to incorporate a bank, I do not think it 
ought to be exercised. Money in large masses ought to be dreaded, and 
the fewer hands it is placed in the more it is to be dreaded. If continued, 
the executive and the bank, in time, must and and will unite their influ- 
ence ; and when they do, they will endanger our liberties. 

I think the President had the power to remove the Secretary of the 

10 



146 MEMOIR OF HUGH LAWSON WHITE. 

Treasury, if he conscientiously believed a serious injury would be the 
consequence of his not using the power given him to change the place of 
depositing the public moneys. 

I believe the conduct of the bank had been such as to justify the Secre- 
tary in the exercise of the power given in the bank charter. 

I hold that although the Secretary had the power, and the conduct of 
the bank well justified its exercise, yet there was another great question 
remaining to be decided, and that was, the effect the change of the depo- 
sits would have upon society; and if the Secretary conscientiously 
believed it would be injurious, he did right to refuse to give an order for 
the removal ; and the willingness of the President to take the responsi- 
bility would not have excused Mm for doing what he believed to be wrong. 
But if the President had formed a different opinion, the Secretary ought 
to have resigned. \ 

Although I think the President possesses the power of removal on 
account of a difference of opinion with an executive officer, yet I think it 
ought not to be exercised except in a case where the executive officer is 
clearly wrong. 

The deposits having been removed, even if it is admitted to have been 
impolitic to have done so, I hold it would be bad policy now to restore 
them, unless the bank is to be rechartered. 

Against those concerned in the direction of the Bank of the United 
States, I certainly have no cause of personal dislike, but the contrary. 
Still, I fear any extension of time to close their concerns would be assidu- 
ously employed to procure a recharter. We cannot bind such a corpora- 
tion by any regulations upon paper, any more than Samson could have 
been bound by a thread of sewing-silk. An attentive examination of its 
proceedings has satisfied me that such construction will be put upon any 
recharter, as will best promote the interests of the stockholders. 

Your plan is, in my judgment, greatly preferable to any which I have 
heard suggested, and I do not discern any objection to it, but my strong 
conviction that the time allowed for winding up would be employed for 
the purpose of procuring a new charter, as exceptionable as that which 
they now have. 

I am, however, so much struck with the power of what you advance, 
that I am unwilling to return the project unless you say I must do so. 

Although I have no wish to conceal any of my opinions, yet I have 
such an instinctive dread of appearing in the public prints, that I beg 
you to consider this letter for yourself. 



In order to the completeness of this view of Judge White's argu- 
ments upon the question of the bank, are here inserted, somewhat in 
advance of their proper succession in time, his remarks delivered in 



UNITED STATES BANK. 147 

the Senate, April 20th, 1838. The charter of the bank had expired 
in 1836. It was allowed two years after that time, in which to wind 
up its concern. In 1838, a bill was reported by the judiciary com- 
mittee, to prevent the re-issuing of its notes. Judge White, with 
consistent adherence to his republican sentiments, opposed the bill, 
as asking an extravagant and unnecessary exertion of power, in a case 
where there already existed an adequate remedy. He said : 

Mr. President: I do not wish that the reasons for the vote which I 
intend to give on this bill should be misunderstood, and therefore I now 
address you. 

The evil to be remedied by its passage is the reissuing the notes of the 
late Bank of the United States, chartered by Congress in 1816. The pen- 
alty to be inflicted is that of fine and imprisonment. I deny that Con- 
gress has the power to pass such a bill. 

Let us examine, for a moment, the principles contended for by its friends. 

1st. My honorable colleague has deduced the power from the second 
section of the third article of the Constitution, which says, that the 
courts of the United States shall have jurisdiction in all cases arising 
\inder the Constitution or laws of the United States, &c. 

This clause was never intended to designate the cases in which Congress 
should legislate, but the cases which the judiciary might decide. 

All cases in which we legislate, whether we have the Constitutional 
power or not, the judiciary may have cognizance of. If, because the judi- 
ciary have this jurisdiction in all cases, Congress may also legislate 
in all cases, there is an end of all limitation to the powers of the federal 
government. 

This is a more extravagant claim of power than I have ever known to 
be set up by any class of politicians. 

2d. His next recourse is to that clause in the Constitution which gives 
to Congress the power "to coin money and to regulate the value of it,"&c. 

From this clause he has argued that Congress has the whole power 
over the coin, and, if these notes are permitted to circulate, they will put 
out of circulation an equal amount of coin, therefore, Congress has the 
power to legislate them out of circulation. I deny the soundness of this 
argument. 

It is true Congress has the sole power over the coin, but it is not true 
that they have, on that account, absolute power over all credits, which the 
States or the people may choose to circulate as substitutes for coin. They 
cannot pass any law T which will make it unlawful for one man to circulate 
the promissory negotiable note of another, as a substitute for coin. Nor 
can they prohibit the circulation of notes issued by the banks chartered 
by any of the States. 

The circulation of checks or notes on State banks displaces the specie to 



148 MEMOIR OF HUGH LAWSON WHITE. 

the same amount, and if this argument of my colleague were sound, this 
■whole circulation could, at any time, be prohibited by Congress. 

This claim of power is, in itself, so extravagant, that few have hereto- 
fore ventured to assert it. In my opinion, it comes with a bad grace from 
those claiming to be States right men, or Eepublicans of the Jeffersonian 
school. 

3d. His last resource, to establish this power, is a recurrence to that 
clause in the Constitution which gives Congress the power to pass all laws, 
necessary and proper, to carry into effect any of the powers before vested 
in them. 

This argument of my colleague carries us back, and places us upon the 
broad old federal doctrine, " that Congress may do any thing which they 
believe is for the general welfare." 

The republican doctrine is, that this clause in the Constitution, instead 
of vesting in Congress any power on any new subject, was intended as a 
limitation upon powers already granted. "Without this clause, Congress 
would have been compelled, in many cases, to take power by implication, 
or by construction, otherwise they could not attain many of the objects over 
which express powers to legislate had been granted to them. To cut off 
all pretence for assuming powers by implication, this clause was inserted, 
and express power conferred to pass all laws necessary and proper to give 
effect to the attainment of those objects, in relation to which express 
powers had been granted. 

I cannot but think, that he who now insists on the reverse, and still 
calls himself a Republican of the Jeffersonian school, mistakes the class 
of politicians to which he belongs. Certain I am, he and I do not belong 
to the same class, because I will not take from this clause the power to 
act on any new or independent subject whatever. I can only take power 
from it to use the means necessary and appropriate to effectuate some ob- 
ject, in relation to which an express power to legislate is given. 

The honorable senator from New Jersey, who addressed us yesterday, 
has had recourse to judicial determinations, to prove that Congress pos- 
sesses the power to pass this bill. 

It appeared to me that those authorities only went to establish, that 
where Congress has the power to create an institution, they have the 
power to regulate it or destroy it. 

If this doctrine is sound, the argument leaves me exactly where it found 
me, because I am one of that unfortunate class of politicians who do not 
believe Congress had the poicer to create this corporation. 

The honorable senator from Alabama, farthest from me (Mr. Clay), 
supposes we have the power to pass this bill, because the notes thus im- 
properly put in circulation, the United States are morally bound to pay. 

I deny that the United States ever were, or ever can be, either legally 
or morally bound to pay a single note issued by that bank. 






UNITED STATES BANK. 149 

The bank was called by our name, we were stockholders to the amount 
of seven millions of dollars, and we were no farther bound to the payment 
of the debts of that bank than any individual owning the same amount 
of stock, and the very moment we sold the stock we were not interested 
in the bank to the amount of one cent. 

The cases put by the senator to illustrate his argument, prove that the 
name of this bank has misled him. 

He says, if a man forges a note or obligation upon the Treasurer of the 
United States, he could be punished for forgery, &c. 

Suppose I yield that he could, why would he be thus punishable by an 
act of Congress ? It would be because the Treasurer is an officer of the 
United States, and because, if the forged note or obligation were genuine, 
the United States must pay the money out of the Treasury. 

The persons this bill intends to punish, are not our officers, our agents, 
or our trustees; nor are the United States, either legally or morally, bound 
to pay one dollar to redeem these notes. 

The notes, if re-issued, are thus dealt with, by the officers, the agents, 
or trustees of the bank, in which we have no interest whatever, the 
United States having sold the whole amount of their stock to the bank 
chartered by Pennsylvania. 

I think if the honorable senator will re-consider the opinions he has ad- 
vanced, and give them an application to the facts as they really exist, he 
will be satisfied he is maintaining a doctrine too extravagant to be seri- 
ously insisted on by any one. 

The argument of the honorable senator from Connecticut (Mr. Niles), is 
by far more plausible than anything I have heard. 

It is this in substance, that we cannot now inquire whether Congress 
had the power to charter this bank or not. It was chartered, these notes 
were made in virtue of a power conferred by the charter, and it is our 
duty to see that society is not defrauded by means of our creation. 

If there were no other means of checking the mischief but by our legis- 
lation, the necessity of the case would make a man strain hard to find 
some source from which he could have power to compel those who are 
trustees to cancel those notes as fast as they are lifted by them. 

But there is no sort of necessity for our legislation to check this mis- 
chief. 

How are the facts ? 

By the charter of 1816, the bank had twenty years, within which to do 
business; they expired on the 3d March, 1836. The bank was to have 
two additional years within which to wind up its concerns ; they expired 
the 3d March, 1838. 

Before the expiration of the twenty years, the State of Pennsylvania 
gave to the stockholders, with the exception of the United States, a new 
charter, and the old stockholders transferred to this new bank all their 



150 MEMOIR OF HUGH LA.WSON WHITE. 

funds in trust to wind up their concerns ; in other words, in trust to col- 
lect all the debts due to the old bank, and to pay all the debts it owed. 

Now I am very clear in the opinion that whenever the trustee, with 
the funds of the old bank, lifted any of its notes, it was a duty to cancel 
them, and if, instead of doing so, the trustee re-issued them, it was a 
breach of trust, and upon an application to a court of chancery, by any 
one having an interest, I have no doubt a decree would be made to re- 
strain the re-issue, and to compel the trustee to cancel the notes as fast as 
lifted with the trust funds. 

Where then is the necessity for Congress to exert the power to check a 
mischief for which there is a clear, unembarrassed, and adequate remedy ? 
There can be none as I think. There certainly is none to protect any in- 
terest of the United States. They never had any interest in this new bank, 
and they have none in the old, because under an act of Congress our seven 
millions of stock were sold to the new bank, receipted for, and as fast as 
the installments have fallen due, according to the contract, they have been 
punctually paid. 

There, therefore, as it seems to me, can be no necessity or propriety 
in deriving the power claimed from the necessity of the case, and there is 
the more danger in deriving any power from such source, because every 
honest mind is easily misled by it, as the exercise of the power is to at- 
tain an object honest and praiseworthy. 

But, Mr. President, are not all those who assume this ground, and think 
we have no power to charter a bank, assuming a most dangerous and de- 
ceptive ground? 

I cannot but think so, and with great deference I say, it has appeared to 
me, we are likely to commit error by not separating in our minds things 
which ought to be kept distinct. 

The new bank and the old bear the same name. The stockholders, 
with the exception of the United States, are the same in both banks. 
The principal officers in the old are the prominent officers in the new. 
Hence I have thought we are inclined to view the officers in this State 
bank as our officers, exercising an authority derived from the United 
States, when in truth and in fact they derive their power and authority 
under a State law, and are neither our officers, our trustees, nor our 
agents. Their whole power and authority over the affairs of the old bank 
are derived from the contract between the old and the new banks, by 
which the latter became the trustee of the former. 

Is it possible that Congress can derive any power to legislate on this 
poi nt on the ground of this contract ? 

Suppose Pennsylvania had never granted this new charter, and the 
stockholders of the old bank had made just such a contract with the bank 
of Virginia in virtue of which this latter bank became the trustee, and 
there was an- allegation that this trustee was re-issuing some of the notes 



UNITED STATES BANK. 151 

instead of cancelling them. Is any gentleman prepared to maintain that 
Congress could pass a law to send the trustee to jail, or to have him 
mulcted in a fine ? 

Upon principle there is no distinction between the cases. 

The claim of power rests upon the ground that as we inferred the power 
to create the hank, when in truth we had no such power, we may assume 
any other power we choose to check our own mischief. 

I deny this doctrine entirely, and insist that by our own legislation we 
can never enlarge our own powers. 

Here we have created a bank. "Will any gentleman affirm that an 
express power to charter a bank is given in the Constitution? No gentle- 
man can so allege. Even those who claim such a power for Congress 
have never pretended there is any express grant of power. All agree it 
is a power that must be inferred for the sake of carrying out some other 
express grant of power. 

Some have said we have express power to lay and collect taxes, and a 
bank is necessary as a fiscal agent. 

Others that we have a power to coin money, and, therefore Congress 
has power over the whole currency, and to keep that sound, a bank is 
essential. 

"While those who deny any such power have denominated it u avagra7it, 
crawling over the Constitution in search of a soft place on which to make 
a comfortable settlement." 

If we pass this bill, in my judgment, we first assume, by implication, 
that Congress had the power to charter the bank, and then we infer that 
Congress can impose whatever pains and penalties it pleases, even unto 
death, to compel the cancelling of the notes. 

These powers, I think, we do not possess, and, therefore, I will 
not exercise them. I will adhere to what I think the old republican 
doctrine : 

1st. Show an express grant of power to do the principal matter, and 
then 

2d. That the means you wish to employ are the necessary and proper 
means to be used, and I am ready to act ; if I doubt, reasonably, I ought 
not to act. 

Is there any gentleman who hears me who can say there is no reasonable 
doubt in this case? 

After all, if we pass this bill, how is any one to find out what 
notes were re-issued ? There will be no mark put upon them. 

We can only believe some have been re-issued, because we see, at 
an after day, more are in circulation than there were on a former 
one : but what identical notes they were, society can have no means of 
knowing. 

I now have one or two in my pocket, but I have no knowledge when 



152 MEMOIR OF HUGH LAWSON WHITE. 

or how they were put in circulation, nor had I any means of ascertaining. 
All I know is that they came to my hands fairly. 

Other gentlemen, who condemn my rule of construing the Constitu- 
tion, may find a satisfactory source from which to derive their power to 
pass this hill ; if so, let them pass it. All I wish, is, that the principles 
on which I act may he understood. 



CHAPTER X. 

SENATORIAL CAREER INDIAN TRIBES — EXECUTIVE PATRONAGE 

EXPUNGING RESOLUTIONS. 



The condition of the Indian tribes was the principal subject which 
attracted Judge White's attention, and commanded his most earnest 
efforts. The history of this race has been one of curious and stirring 
interest to every reflecting mind, and must awaken sympathy in every 
feeling heart. Comparatively few years have passed, since they were 
sole masters of this glorious land, erecting their wigwams at pleasure, 
and ranging free and untrammelled throughout their vast hunting- 
grounds. By a rapid and singular, but sure process, those tribes 
which had occupied our extreme Northern territory were nearly 
wasted away, or quite exterminated, by the white man, in his lust for 
gain. Nor was the work to stop here. The same influences were 
beginning to be felt by our Southern and Western tribes. The heart 
of every philanthropist recoiled from the view of the future prospects 
of this miserable race ; and a desire to preserve and elevate them 
gave rise at an early day to the benevolent design of colonizing 
them in the vast territory west of the Mississippi. The scheme was 
originated by that profound and organizing statesman, Thomas 
Jefferson, and had been pursued or attempted without much success 
by subsequent administrations. It was anew submitted to Congress 
in the session of 1829-30, and after a most laborious examination 
and discussion was sanctioned by that body. Judge White was at 
that time chairman of the committee on Indian Affairs. Although he 
had in early life been engaged in warfare against them, and although 
he had looked with horror upon the scenes of their savage barbarity, 
he could not calmly witness their extinction. 

His feelings were all enlisted in the measures for ameliorating their 
condition. His plans contemplated not merely their preservation 
from the utter annihilation which so evidently menaced them, but their 



154 MEMOIR OF HUGH LAWSON WHITE. 

instruction in the arts of civilization, and the communication to them 
of the saving influences of Christianity. When the bill providing 
for their colonization was brought before the Senate, though over- 
borne by heavy domestic affliction, with his characteristic devotion to 
the interests of others, he rose superior to his private griefs, aroused 
all his energies, and poured forth his soul in a fervid plea for the 
appropriation to them of a permanent home. The measure was car- 
ried by that powerful effort, and probably no act of his life ever gave 
him more pleasure. His interest in the Indian was deep and abiding. 
Its fervor was undiminished to the last hour of his life. " Almost in 
my last interview with him," says the Rev. Dr. Foot, " he spoke with 
inimitable tenderness of their having been rescued from gradual 
extinction — of their prospect in the colony — of his expectation that 
civilization and Christianity would now prevail amongst them, and as 
he described the elevation to which he believed them destined to 
arrive, the tears fell from his eyes, and his whole countenance told 
his delight in anticipating their prosperity." 

Feb. 22, 1830, Judge White, as chairman of the Committee on 
Indian Affairs, made a report upon the business in their charge, 
which we insert, as follows : 

Everything which relates to those Indian tribes or nations with which 
we have political relations, created or regulated by treaties, is becoming, 
every year, more and more interesting ; especially those relating to such 
as reside within any of the States of the Union, or of the territories 
belonging to it. The matters communicated by the President, in his 
message, relative to the Cherokees, are of the most delicate and interest- 
ing character, whether considered in relation to the United States, to the 
States of Georgia and Alabama, or to the Cherokee nation. The com- 
mittee have employed themselves assiduously in their investigation, with 
an anxious wish to avail themselves of all the information within their 
reach, and desirous to recommend something to the Senate, which, if 
productive of no positive good, will at least have the merit of not farther 
embarrassing questions already sufficiently complicated. 

With this nation, the United States have formed a number of treaties, 
commencing as early as the year 1785, and ending in the year 1819. At 
the formation of the first, the Indians occupied portions of territory 
within the chartered limits of the States of North Carolina, South Caro- 
lina, and Georgia. Since that period, North Carolina ceded a part of 
her territory, on which a portion of these Indians resided, to the United 
States ; and that territory, according to the terms of the deed of cession, 
has been since formed into the State of Tennessee. South Carolina and 



REPORT ON INDIAN AFFAIRS. 155 

Georgia amicably settled the boundary between them ; and by an agree- 
ment between the United States and Georgia, dated in the year 1802, the 
United States acquired the title to a portion of territory, out of which 
the State of Alabama, and the greater part of the State of Mississippi, 
have been since formed. And now, it so happens, that a part of the 
Cherokees still reside within the States of North Carolina and Georgia, 
according to their present boundaries, as well as within the limits of Ten- 
nessee and of Alabama. Latterly, Georgia, in the exercise, as she sup- 
poses, of her sovereign powers, has extended her laws over the whole 
of the State, and subjected the Indians to her jurisdiction. Meantime, 
the Cherokees have formed a civil government of their own, entirely 
independent of any State, claiming to have a right to do so in virtue of 
their original title to the lands on which they reside, and relying, like- 
wise, upon the guarantee of their country, in several of their treaties 
formed with the United States. They have called upon the executive to 
make good this guarantee, by preventing the operation of the laws of 
either Georgia or Alabama, within those limits secured to them by the 
said treaties. To this application, the President has replied, that he has 
no power to check the operation of the laws of those States, within their 
respective limits ; that the Constitution of the United States forbids the 
formation of any new State within the limits of an old one, without its 
consent; therefore, the Cherokees cannot be recognized as a separate 
State, within those limits where they now reside ; and that, if they 
choose to remain there, they shall be protected in doing so, but that they 
must submit to the laws of the respective States, at the same time they 
are protected by them, and earnestly recommends to them to consent to 
exchange the territory where they now reside, for one west of the Missis- 
sippi, owned by the United States, and not yet included within the 
bounds of any State or territory, where they can be again united with 
that portion of their nation which has already emigrated, and where the 
United States can, and will, make them forever secure from any interrup- 
tion from the whites, or from any other nation or people whatever. 

To this proposition the Indians have given an absolute refusal, still 
insisting on a fulfillment of their treaty stipulations. 

The laws of Georgia will commence their operation in the month of 
June next. It is easy to foresee the painful consequences which will pro- 
bably follow, from laws operating over the same territory, at one and 
the same time, and flowing from jurisdictions or sovereigns, independent 
of each other. 

The evil will not stop here ; already we are advised that Mississippi 
has passed a law, incorporating her Indian population with her citizens ; 
that Alabama has extended her laws over the Creek Indians within her 
limits ; and, before long, we may anticipate that the like policy will be 
pursued by several other States. 



156 MEMOIR OF HUGH LAWSON WHITE. 

From the information before the committee, no hope need be enter- 
tained that either of these States will change their policy, and repeal 
those laws ; a period has arrived when the United States have a duty to 
perform, which must be discharged, in good faith, to the States con- 
cerned, to the Indians, and with a sacred regard to their own high 
character. 

In the view which the committee have of this subject, they believe it 
would be unnecessary, if not improper, for them to offer any opinion 
upon the points in dispute between the contending parties, because there 
can be no reason io suppose any additional enactments by Congress are 
necessary to put it in the power of the executive to make good the 
guaranties contained in the treaties, if, in his judgment, they ought to 
have the construction for which the Cherokees insist, and his duty, 
according to the constitution, would authorize him to oppose the opera- 
tion of the State laws. 

In 1802, Congress passed an act to regulate trade and intercourse with 
the Indians, the provisions of which, connected with the treaties, are 
sufficiently broad to authorize the executive to give effect to every stipu- 
lation, which it is the duty of the United States to perform. 

The failure to comply with the wishes of the Cherokees, as it appears 
to the committee, proceeded not from a defect in the law, but because in 
the opinion of the executive, constitutional objections exist, which it is 
not in the power of Congress to remove, by any law which they could 
enact. 

The difficulties which have actually occurred, were foreseen some years 
since, and successive Administrations seem to have been anxiously endea- 
voring to avoid them ; and the only remedy suggested by any, appears 
to have been, to provide a country west of the Mississippi, beyond the 
limits of any State or organized territory ; to have it laid off and divided 
into as many districts as would accommodate all the Indians residing 
within any of the States or territories; to have those districts so 
described, by natural or artificial marks, that each could be known from 
every other; and then, by fair and peaceable means, to induce the 
Indians to exchange the lands where they live, for some of those thus 
described, and to emigrate. Suitable country, as is believed, has been 
procured, but, owing to some cause or other, the districts have not, as 
yet, been laid off, and properly described. Exchanges, however, to a con- 
siderable extent, have been made, and, consequent emigrations from vari- 
ous tribes have taken place. A portion of the Cherokees, equal, as is 
believed, to from one third to one half of the whole, has actually removed 
to, and settled in, a country well suited to their wants and wishes, west 
of the Mississippi. There is good reason to believe that many more 
would have removed before this time, except for various causes, which, 
as yet, the United States have not been able to overcome. The principal 



REPORT ON INDIAN AFFAIRS. 157 

one is, the idea of a separate and independent State of their own, where 
they now live. This is the work, principally, of comparatively a few, 
who are either white men connected with the nations by marriage, or of 
those of mixed blood, born in the nation, who are well educated and 
intelligent, who have acquired considerable property, and, through the 
annuities paid by the United States, and by other means, are yearly add- 
ing to it. This class of people, it is believed, do not altogether equal one 
hundred in number. A very small portion of full-blooded Indians can be 
named, who are in the like circumstances, or who have much agency in 
their public affairs. 

Those who are in public employ have an influence almost unbounded 
over tbe nation. They fill all the offices created by their laws, and have 
the entire management of the funds derived from every source. The rest 
of the nation may be divided into two classes. The one, owning some 
small property, and having settlements of their own, upon which they 
make a sufficiency to support themselves and their families, and but little 
surplus. Those of the other, comprehending, as is believed, the mass of 
the population, are as poor and degraded as can well be imagined. They 
may be said to live without hope of better circumstances ; they have 
almost no property, and seem destitute of the means or prospect of acquir- 
ing any. There is very little game in their country. They are without 
industry, without information, unlettered, and subsisting chiefly upon what 
they can beg, and upon the birds and fish they can procure. A stranger 
who travels along a leading road through the nation, or makes but a short 
stay in it, will form a very erroneous opinion of the condition of the great 
mass of the population. He has intercourse only with those of the first 
or second class before mentioned, and forms his opinions of all, from the 
condition of those with whom he associates. It may then be asked, why 
do these people refuse to emigrate ? The answer is, those who have 
influence over them use every means in their power to prevent them. 
They misrepresent the country offered, west of the Mississippi. They 
use persuasion while it answers the purpose, and threats, when per- 
suasion is likely to fail. The committee are well satisfied, that every 
humane and benevolent individual, who is anxious for the welfare of the 
great body of the Cherokees, and is correctly informed of their true con- 
dition, must feel desirous for their removal, provided it can be effected 
with their consent. 

Other strong inducements for this desire, must be found in the condi- 
tion to which they are now brought, by the collision between them and 
the laws of the States in which they reside. 

Although the committee, for the reasons before given, consider it 
unnecessary, if not improper, in them, to offer any opinion upon the vali- 
ditv of the conflicting claims of the parties ; yet, it may not be without 
its use to call the attention of the Senate to some of the leading facts, and 



158 MEMOIR OF HUGH LAWSON WHITE. 

main points, upon which the controversy has depended, and must here- 
after depend. 

The title of the Cherokees must rest upon their original right of occu- 
pancy, and upon the treaties formed with the United States. 

As to the first, "their title by occupancy," the answer would he, when 
the country was discovered, they were savages ; and that this discovery, 
of itself, gave a right to form settlements, and to exclude all other civil- 
ized nations. That is conferred upon the nation of the discoverer and 
settler, the right to acquire the usufructuary interest which the natives 
had. It would be added, that, at a very early period, the Cherokees 
formed a treaty with Great Britain, by which they gave up their inde- 
pendence, and put themselves under the protection of his Britannic 
Majesty. That they took a part with the British Crown in the war of 
the Revolution. That the American arms were employed against them, 
and they conquered, when Independence was acknowledged, and the 
treaty of peace made with Great Britain. That this conquest conferred 
upon the respective States, within whose limits they were, all the rights, 
and gave them all the powers which the Crown had, prior to the Revo- 
lution. That this right still continued in the States, and never was 
yielded to the United States. That, in securing these rights, they seve- 
rally exercised these powers, from the year 1776 up to the year 1785, in 
such manner, as, in their sovereign will, they believed to be wise and 
just, without any control from the United States. 

That, although, in the Articles of Confederation, there is a power given 
to the United States to make treaties with Indians residing out of their 
limits, yet there is, in the ninth article, an express saving to each State, 
of all its legislative rights, loithin its chartered limits. 

As to the second point, the political condition of the Indians, as estab- 
lished by treaties between them and the United States. The first and 
only treaty with the Cherokees, during the Articles of Confederation, 
was concluded in November, 1785. 

By that treaty, a boundary is established, which allots to the Indians 
a great extent of country, within the acknowledged limits of both North 
Carolina and Georgia, and over which those States had actually legis- 
lated ; had previously authorized by law the sales of land therein ; a con- 
siderable quantity had in fact been sold to individuals, and the consider- 
ation money paid to the State. 

Against this treaty both Georgia and North Carolina entered their 
solemn protests, it being, as they alleged, in violation of their legislative 
rights. 

Not very long after this treaty, the Cherokees waged a war against the 
citizens of those States, which continued until some short time prior to 
the treaty of Holston, concluded in the year 1791. 

This was the first treaty made with those Indians under the authority 



REFORT ON INDIAN AFFAIRS. 159 

of the present Constitution of the United States, and by it a new boun- 
dary is agreed upon, by which the limits before allotted to the Indians 
are reduced to a smaller compass. 

By the seventh article, " the United States solemnly guarantee to the 
Cherokee nation all their lands not hereby ceded.'''' 

On the seventh day of February, 1792, an additional article to this 
last-mentioned treaty is agreed upon, by which an addition of five hun- 
dred dollars is made to the annuity stipulated in the former treaty. 

In June, 1794, another treaty is made between the parties, by which 
the provisions of the treaty of 1791 are revived, an addition made to 
their annuity, and provision for running and marking the boundary line. 

In October, 1798, an additional treaty is concluded, by which former 
treaties are revived, the boundary of Indian lands curtailed by another 
cession to the United States, for an additional compensation. 

In October, 1804, another treaty is concluded, by which more land is 
ceded by the Indians, for a consideration agreed upon and specified in 
the treaty. 

In October, 1805, two treaties are made, by which the Indians cede an 
additional quantity of land. 

On the seventh day of January, 180C, another treaty is concluded, in 
which more land is ceded to the United States ; and in September, 1807, 
an explanation is agreed upon of the boundary line intended in the treaty 
last mentioned. 

On the twenty-second day of March, 1816, another treaty is concluded, 
by which the Indians relinquish their title to lands in South Carolina, 
for which the United States engage South Carolina will make payment ; 
and on the same day another treaty is made, in which the Indians relin- 
quish to the United States their claim to more lands, and agree to allow 
the use of the water courses in their remaining country, and also to per- 
mit roads to be made through the same. 

On the fourteenth of September, 1816, another treaty is made, by 
which an additional quantity of land is ceded to the United States. 

On the eighth day of July, 1817, another treaty is concluded, by 
which an exchange of lands is agreed on, and a plan for dividing the 
Cherokees settled : one part to remain east of the Mississippi ; another 
to emigrate west of the Mississippi, to a country designated in the 
treaty ; and those who might happen to fall within the territory ceded, 
to have an election to become citizens of the United States, and each head 
of an Indian family to have a reservation of six hundred and forty acres 
of land, to include his improvements. 

And on the twenty-seventh of February, 1819, another treaty is con- 
cluded, intended to be in execution of the stipulations contained in that 
of 1817, in several particulars, and in which an additional tract of coun- 
try is ceded to the United States. 



100 MEMOIK OF HUGH LAWSON "WHITE. 

These, as the committee believe, are all the treaties between the 
United States and the Cherokee nation on the east side of the Missis- 
sippi, and Avithin the limits of any of the United States. 

In several of them there are stipulations for road's, the navigation of 
rivers, and the establishment of ferries, within the bounds reserved by the 
CheroTcees to themselves, and guaranteed to them by the United States. 

In virtue of these treaties, the Cherokees contend they have a valid 
and complete title to the lands of which they are in possession ; and 
that they have a right to establish such government, as, in their own 
opinion, is best suited to their condition ; and that such government is 
independent of any of the States within the limits of which any portions 
of their territory may happen to be ; and that the United States stand 
solemnly pledged to protect them in the •peaceable enjoyment of it, against 
all the world. 

On the other side, the States may admit, that, if the political condition 
of the Cherokees was to be considered, as it related to the rights and 
powers of the United States only, then it is true they are, and ought to 
be, a community sovereign, in all respects — those only excepted in which 
they had by the treaties expressly surrendered their independence ; and 
still contend that Georgia was a sovereign and independent State, from 
the fourth day of July, 1776, a period anterior to the Union of the States, 
under either the Articles of Confederation, or of the present Constitu- 
tion. That, as a sovereign State, she had a right to govern every human 
being within her limits, according to her own will, and to dispose of all 
the vacant lands, when, to whom, and for what consideration, she 
pleased. That she is still in the possession of all those rights and 
powers, excepting only such as she has expressly surrendered. That she 
never has surrendered to the United States, either by a treaty, or by any 
other means, the power to dispose of her vacant territory, or to author- 
ize the establishment of a government within her limits, without her 
consent. So far from it, that the ninth article of the Confederation for- 
bids any violation of her legislative rights, and expressly provides that 
no State shall be deprived of territory for the benefit of the United 
States ; and that the third section of the fourth article of the Constitu- 
tion expressly says : No new State shall be formed within the limits of 
one or more of the old, without their consent. And the tenth amend- 
ment of the Constitution declares, that even " private property shall not 
be taken for public use, without making just compensation." That, if 
private property cannot be taken without compensation, the conclusion is 
very strong, that it was not intended to give a power to take the 
property which belonged to a sovereign Slate, under any circumstances 
whatever. That she never did give her consent to this disposition of 
either her jurisdiction or of her territory; so far from it, she entered her 
solemn protest against the first treaty formed in the year 1785, as viola- 



EEPOKT ON INDIAN AFFAIRS. 101 

tive of her rights, and that no inference can be drawn, to her disadvan- 
tage, from her silence, or from anything she may have said in relation 
to any subsequent treaty ; because in each of them a change was made, 
by which a portion of her territory and jurisdiction was restored to her, 
and thus her condition rendered better than it was under the treaty of 
1785, against which she had protested. 

She may further insist, that the second section of the second article ot 
the Constitution, which gives to the President, with the advice and con- 
sent of two-thirds of the Senate, power to make treaties, has no applica- 
tion to Indians within the chartered limits of any of the States; nor the 
eighth section of the first article, which gives Congress power to regulate 
commerce with the Indian tribes. That if Indians can be treated with, 
it must be those only who reside out of the limits of the States, and 
those with whom commerce may be regulated must be similarly situ- 
ated ; otherwise, that part of the second section of the first article, which 
forbids the enumeration of Indians residing within the States, and "not 
taxed," will be without any appropriate meaning. That although the 
United States may have contracted olligations with the Cherokee nation, 
yet they had previously contracted those equally as solemn with each of 
the States. That in the fourth section of the fourth article of the Con- 
stitution, the following pledge is given: "The United States shall 
solemnly guarantee to every State in this Union a republican form of 
Government, and shall protect each of them against invasion, and, on 
application of the Legislature, or of the Executive (when the Legislature 
cannot be convened), against domestic violence.' 1 ' 1 

She may ask, how can Georgia have a " republican form of govern- 
ment," co-extensive with her limits, unless a majority of her citizens are 
permitted to prescribe rules, to which all must conform ? How will the 
United States have made good the " guarantee against domestic violence" 
if they permit a portion of the population within her limits to establish 
a government, contrary to her will, with authority to prescribe rules 
inconsistent with those prescribed by herself? She may add, that it was 
in the confidence that this " solemn guarantee " would be sacredly kept, 
that she consented to give up any portion of her sovereignty, and become 
a member of the Union. 

In addition, she may urge, that in 1802, upwards of twenty-seven 
years ago, she made a contract with the United States, by which they 
became bound to purchase any claim which the Cherokee nation, or any 
other, might set up to lands within her limits, as soon as such purchase 
could be made upon reasonable terms. That, for this stipulation, she 
paid at the time a valuable consideration, in lands which she conveyed. 
That, after waiting thus long, and seeing for several years past, the pros- 
pect of a compliance on the part of the United States decreasing, she had 
determined to exert her own sovereign poAvers, over her ichole territory, 

11 



162 MEMOIR OF HUGH LAWSON WHITE. 

in such manner as she believes -will be just to her -whole population. 
That the object of this agreement was to obtain a benefit for herself, 
within her reserved limits, and that, if she should fail to receive the 
benefit she expected, she will take care not to suffer her condition to be 
made worse. 

That she is yet sovereign, within her own limits, to every extent she 
was when she became a member of the Union, except so far as she 
expressly surrendered her sovereignty by the terms of the Constitution. 
That, although she is determined to use her power within her limits, yet 
she owes it to her own character so to exert it as most to promote the 
happiness of every rational being who may remain subject to her control, 
no matter what may be his color, or in what language he may make 
known his wants. 

Alabama and Mississippi may say they were a part of the State of 
Georgia, up to the time of the compact and cession, in 1802, and that 
they have been erected upon parts of the territory then ceded to the 
United States ; and that, with the exception of the difference, produced 
by not owning the soil within their limits, they are entitled to the 
benefit of every argument which Georgia could urge in this controversy. 

Should these arguments, or any others, in favor of the States, have the 
effect of proving that the United States have not the power to comply 
with the stipulations contained in their treaties with the Cherokees, on 
account of prior and superior obligations which they had contracted, it 
could not, in the opinion of the committee, take anything from that cha- 
racter for integrity and good faith, to which they are so justly entitled. 
None could suspect that the obligation was contracted with a design to 
mislead or to deceive; and while the United States are both able and 
willing to make a full and adequate compensation for all that may be lost 
for want of a specific performance of their agreement, their faith is pre- 
served as inviolate as it would be if all their stipulations were specifically 
complied with. Should the Indians continue determined to reside where 
they now are, and become subject to the laws of the respective States in 
which they reside, no difficulty can occur, as your committee see no 
reason to apprehend that either of the States have it in contemplation to 
force them to abandon the country in which they dwell ; but, if they 
determine to remain, and continue to insist on a separate and indepen- 
dent government, and refuse obedience to the laws of the States, the 
consequences which must inevitably ensue, are such as the humane and 
benevolent cannot reflect upon without feelings of the deepest sorrow 
and distress. 

If, on the contrary, they should consent to exchange their present 
places of residence for a country west of the Mississippi, it is in the 
power of the United States to furnish one suited, as the committee 
believe, to their wants and condition, where they can be secured against 



REPORT ON INDIAN AFFAIRS. 103 

the intrusion of any other people ; where, under the protection of the 
United States, and with their aid, they can pursue their plan of civiliza- 
tion, and, ere long, be in the peaceable enjoyment of a civil government 
of their own choice, and where Christian and philanthropist can have 
ample scope for their labors of love and benevolence. 

Your committee are of opinion, that ample means should be placed, by 
Congress, in the power of the President of the United States, to authorize 
and enable him to have the country west of the Mississippi, out of the 
limits of all the States, laid off into as many districts as may be deemed 
necessary for the residence of the Indians, now within the respective 
States, with which the United States have treaties; to have those 
districts accurately described; and also, to make exchanges and pur- 
chases with such tribes, or parts of them, as may choose to remove ; to 
give aid in the removal, and to contribute, for a season, to their support, 
at their new places of residence. For which purposes, the committee ask 
leave to report a bill. 

A BILL 

To provide for an exchange of lands with the Indians residing in any of 
the States or Territories, and for their removal tcest of the river Missis- 
sippi. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That it shall and may be lawful 
for the President of the United States, to cause so much of any territory 
belonging to the United States, west of the river Mississippi, not included 
in any State, and to which the Indian title has been extinguished, as he 
may judge necessary, to be divided into a suitable number of districts for 
the reception of such tribes or nations of Indians as may choose to 
exchange the lands where they now reside, and remove there, and to 
cause each of said districts to be so described by natural or artificial 
marks, as to be easily distinguished from every other. 

Sec. 2. And be it further enacted, That it shall and may be lawful for 
the President to exchange any or all of such districts, so to be laid off 
and described, with any tribe or nation of Indians now residing within 
the limits of any of the States or territories, and with which the United 
States have existing treaties, for the whole, or any part or portion of the 
territory claimed and occupied by such tribe or nation, within the 
bounds of any one, or more, of the States or territories. 

Sec. 3. And be it further enacted, That, in the making of any such 
exchange, or exchanges, it shall and may be lawful for the President 
solemnly to assure the tribe or nation with which the exchange is made, 
that the United States will forever secure and guarantee to them, and 
their heirs or successors, the country so exchanged with them, and that, 



164 MEMOIR OF HUGH LAWSON WHITE. 

if they prefer it, the United States will cause a patent or grant to be 
made and executed to them for the same: Provided always, That such 
lands shall revert to the United States, if the Indians become extinct, or 
abandon the same. 

See. 4. And oe it further enacted, That if, upon any of the lands now 
occupied by the Indians, and to be exchanged for, there should be such 
improvements as add value to the land claimed by any individual or indi- 
viduals of such tribes or nations, it shall and may be lawful for the Pre- 
sident to cause such value to be ascertained, by appraisement or otherwise, 
and to cause such ascertained value to be paid to the person or persons 
claiming such improvements. 

Sec. 5. And oe it farther enacted, That, upon the making of any such 
exchange as is contemplated by this act, it shall and may be lawful for 
the President to cause such aid and assistance to be furnished to the emi- 
grants, as may be necessary and proper to enable them to remove to, and 
settle in, the country for which they may have exchanged; and also, to 
give them such aid and assistance as may be necessary for their support 
and subsistence for the first year after their removal. 

Seo. 6. And oe it further enacted, That it shall and may be lawful for 
the President to cause such tribe or nation to be protected, at their new 
residence, against all interruption or disturbance from any other tribe or 
nation of Indians, or from any other person or persons whatever. 

Sec. 7. And oe it further enacted, That it shall and may be lawful for 
the President to have the same superintendence and care over any tribe 
or nation in the country to which they may remove, as contemplated by 
this act, that he is now authorized to have over them at their present 
places of residence. 

Seo. 8. And oe it further enacted, That for the purpose of giving 
effect to the provisions of this act, the sum of dollars is hereby 

appropriated, to be paid out of any money in the Treasury, not otherwise 
appropriated. 

Still continuing to take his accustomed interest in the concerns of 
the Indians, Judge White, in relation to the so-called "Cherokee 
Memorial," presented by Mr. Clay, spoke as follows, Feb. 4th, 1835 ; 

In presenting the memorial and resolutions, the Hon. Senator has 
gone into a discussion of the powers of the States, and the manner in 
which those powers have been exerted over the Indians. 

I do not believe any benefit is likely to result to the people of the 
United States, or to the Indians, from such discussions ; but as the sub- 
ject has been introduced, it is due to the States, that, at least, some of 
the grounds upon which they have acted, should be brought to the notice 
of the Senate. 



SPEECH ON CHEROKEE MEMORIAL. 165 

What was the condition of the Indians, within the limits of the States 
at the close of the revolutionary war ? 

The people of the United States declared their independence, and the 
revolutionary war in maintenance of that declaration, terminated in a 
treaty of peace in 1783. The limits and bounds of the States are described 
in that treaty. Each of the States, within its territorial limits, believed it 
was free, sovereign, and independent, and that a majority had a right to 
prescribe whatever rules they pleased for the government of every person, 
of every age, sex, and color, within their acknowledged boundaries. 

Each of these States believe they still possess all these powers, except 
so far as they have expressly granted to the Federal Government, for the 
good of the whole. 

The articles of confederation gave to the Federal government power to 
regulate trade and intercourse with the Indians, but contain an express 
proviso that Congress shall not interfere with the territorial rights of the 
States. 

The first treaty with the Cherokees was made in 1785, and although 
the articles referred to were then in force, the lands allotted to the 
Indians included a large portion of the territory of North Carolina. 

That State was not inattentive to her rights. She had an agent present 
when the treaty was negotiated, and he there entered the solemn protest 
of his State, more than once, against this exercise of federal power. 
These protests are still on record, and can yet be produced at any time 
the Senate may desire. 

The next treaty with the Cherokees was after the present constitution 
was adopted. 

In the mean time, North Carolina had been urged to cede her western 
lands to the United States, and one motive for this was, that the United 
States would be the better enabled to regulate her affairs with the 
Cherokees, it being then believed, they all, or nearly all, lived on 
these lands. 

In 1789, North Carolina, yielding to these solicitations, made the cession. 

The vacant lands, after satisfying all existing claims against North 
Carolina, were the property of the United States, who also had the sole 
power of legislation. The United States thus owning the vacant soil, and 
having the entire sovereignty and jurisdiction, and still believing the 
Cherokees resident upon this territory, made the treaty of Ilolston in 1791. 

After arguing upon the boundary between the Whites and the Indians, 
there is one express guarantee to the Indians of their lands. This, if my 
memory serves me, is the frst guarantee to these Indians. This guaran- 
tee was inserted not by the mere motion of our Commissioner, but by the 
express instructions of President Washington. The reason of this is 
obvious to me. General Washington believed, at that day, the country 
guaranteed to the Indians was a tract over which the United States alone 
had the sovereignty and jurisdiction, and that they were the owners of 
the soil; that neither the sovereign nor territorial rights of any State 



16G MEMOIR OF HUGH LAWSON WHITE. 

were invaded by such a stipulation, and that it would be the means of 
preventing future encroachments upon the Indians. 

We now know by our own executive journal, kept secret until a few 
years past, that when the first agreements with the Indians were made, 
after the adoption of the constitution, the President himself doubted 
whether they ought to go through the forms prescribed for treaties ; he 
sent a message to the Senate ; it doubted, but eventually seemed to have 
acted upon the opinion, that the formal sanction of two-thirds of the 
Senators present, required to ratify treaties, would be a safe rule, as to 
these compacts or agreements, which course has been pursued ever since. 

A further illustration of General "Washington's views as to the rights 
of States, may be given by his conduct in relation to lands within the 
limits of New York, which were attempted to be secured to Indians by 
treaty. He condemned this course on the part of the agent, and made it 
the subject of a special letter on record. 

The tract of country, ceded by North Carolina to the United States, in 
1789, and which was a territory in 1791, when the Holston treaty was 
made, continued to be a territory till February, 1796, when the residents 
framed the constitution, and afterwards were admitted into the Union. 

In the treaties with Cherokees, subsequent to that period (and there 
were many of them, as has been correctly said by the honorable senator 
from Kentucky) the United States seemed te have lost sight of the dis- 
tinction between their powers over a country, of which they had both 
the right of soil and jurisdiction, and one where the States had the right 
of soil and jurisdiction, and to have continued the guarantee as inserted 
in the treaty of 1791. 

The States, however, do not acquiesce in this exercise of federal 
power. The same opinion entertained by North Carolina, in 1785, is 
adhered to now. They maintain that they are sovereign and independent 
communities, within the whole of their chartered limits, upon all points, 
where they have not transferred their powers to the federal government. 

They maintain that these agreements with a portion of their own 
population are not treaties, within the meaning of the Constitution ; and 
they deny that they have ever vested in the federal government the power 
by treaty, or otherwise, with any portion of the people within their limits, 
no matter whether French, German, or Indians, to take from the State 
one acre of its territory, and transfer it to any other people whatever. 

They maintain that each State has the right, independently of the 
federal and all other governments, to enact such laws for the government 
of their whole population, as, in the wisdom of their own legislatures, 
may seem best suited to the interest of all ; and that in the exercise of 
this power, none, out of their limits, has the right to interfere. 

If the States are right in the operation of these powers, it must clearly 
follow that they alone have the power to judge whether their laws are 
adapted to the condition and wants of the people. 

Whether the States are correct in the assertion and maintenance of 



SPEECH ON CHEROKEE MEMORIAL. 1G7 

these rights and powers or not, they think they are, and many others 
think with them. They have acted upon them, and will continue to do 
so, as I firmly believe. Georgia has extended her laws over the whole 
limits. Tennessee has, to some purposes, done the same thing, and so 
have North Carolina and Alabama. 

How, then, are these States to be induced to rescind or repeal those 
laws? Suppose the United States apply to them for the repeal; they 
will answer, their laws are approved by their people, they had the power 
to enact them, and they will not repeal them. What then ? Are the 
United States to apply force to compel the repeal? If they do, and such 
force is met by an opposing force from the States, we then have pre- 
sented to our view the most horrid of all spectacles. Armed strife 
between brothers, and in the midst of it, what becomes of the Red men 
for whose rights this war is waged? They are swept from this state of 
existence. When the war terminates, there will be no Indians to be pro- 
tected by the United States, or by those States individually. 

The time has arrived when wo must all speak out plainly as we think. 
These people, if they remain where they are, must submit to the laws of 
the respective States. They cannot exist in the States as a separate and 
distinct community, governed by their own customs and laws. Some of 
them are civilized and enlightened ; they will make useful and respect- 
able members of the community. They may still remain where they are 
if they choose. But this is not the condition of the mass of the Indian 
population. They are poor, ignorant, and uninformed. 

Residing where they now do, certain misery and ruin await them. 
If they will remove beyond the Mississippi, out of our States and organ- 
ized territories, they may be preserved. Then they may progress in that 
civilization which has commenced ; they can, as freemen, have a govern- 
ment of their own choice ; their interests can be promoted, and their 
rights protected, by the United States, without collision with any State. 
Who now doubts that it is their interest to do so ? Few men can doubt it, 
who will take pains to acquire correct information, and then duly consider 
the subject. I believe the time has nearly arrived, and will certainly 
soon have arrived, when there will be but one opinion upon this subject 
throughout the country. 

The policy of inducing our Indians to remove west of the Mississippi, 
did not originate with this administration. As early, at all events, as 
1804, it was the policy of Mr. Jefferson. It has been the policy of every 
succeeding administration; and during the last administration, it had, 
in the then Secretary of War, one of its ablest advocates. The great dis- 
tinction between this and prior administrations consists in the present 
having succeeded to a much greater extent in carrying into effect, what 
all, from the time of Mr. Jefferson, desired to accomplish. 

The honorable Senator from Kentucky thinks, as the State of Georgia 
has shut her courts against those people, we ought to open those of the 
United States to them. And if we can, let me ask, Mr. President, of 



1G8 MEMOIR OF HUGH LAWSON WHITE. 

what practical benefit will such a provision be ? Useless. Encourage 
a poor Indian, living surrounded by Whites, unfriendly to him, to com* 
mence suit in the federal circuit court, and then follow it here to the 
Supreme court, to assert his title to 160 or to 640 acres of land, and by 
the time the cause is decided, he and his family will starve to death. 

Instead of this, let us encourage them by all the means in our power, 
to remove. Every day they remain, the means of the United States to 
furnish them comfortable homes west of the Mississippi, are lessening. 
Other tribes are going and getting their choice of the country. Let 
these be encouraged to remove speedily ; provide funds for their removal, 
for their comfortable support for a season. Furnish them a permanent 
home ; guarantee it by all the solemnities which can be deemed neces- 
sary, and then faithfully observe this guarantee. Upon these points, if 
additional legislation is found to be proper, I am willing to go to any 
extent which may be deemed necessary, and which is not inconsistent 
with what is due to the interests of the great body of our community. 

In a letter to J. A. Whiteside, Esq., dated Sept. 17, 1885, Judge 
White furnishes a valuable statement of his views on the Indian ques- 
tion. In a portion of that letter he says : 

I most heartily approve the policy of the present Administration in 
removing the Indians settled within the States and territories, to the 
western side of the Mississippi ; and then settling them beyond the limits 
of any State or organized territory, and have given such aid as was in 
my power to effect that object. 

During the session of 1829-30, the plan was submitted to Congress, 
and after a most laborious examination and discussion, was sanctioned 
by that body. In that examination and discussion, it was my lot to take 
no inconsiderable part, and at that day, those with whom I was associ- 
ated were pleased to think my exertions were of no inconsiderable value. 
Public opinion was much divided ; it has now settled down in an appro- 
val of the plan then adopted. Many treaties have been formed with the 
various tribes of Indians, and numbers of them have been actually 
removed. Those residing east of the Mississippi, to wit : the Chickasaws, 
Choctaws, Creeks, Cherokees, and Seminole Indians, were the hardest 
to convince that their interest would be promoted by a removal. All of 
these, except the Cherokees, have at length become convinced, ceded their 
country, and have either actually removed, or agreed to do so. The 
Cherokees yet remain, and parts of their country are in Tennessee, N. 
Carolina, Georgia, and Alabama. To each of these States, it is a matter 
of peculiar interest that their claim should be extinguished, and they 
removed. In repeated instances, the United States have made treaties 
with the Cherokees from the year 1785 up to the year 1819, and solemnly- 
bound themselves to guarantee to them the country where they now 
reside. As early as the year 1802, the United States made a compact 
with the State of Georgia, in which they bound themselves for a valuable 



LETTER ON INDIAN AFFAIRS. 169 

consideration to extinguish the Indian tribe -within her limits, so soon as 
it could be done on reasonable terms. On the one hand, Georgia has 
been pressing for a compliance with this stipulation ; on the other, the 
Cherokees have been urging a compliance with the guarantee contained 
in the treaties. These inconsistent obligations have occasioned much em- 
barrassment. I have mentioned the doctrine, that if no other govern- 
ment were concerned but the United States, they were bound to make 
good their treaty stipulations, by securing to the Indians the enjoyment 
of the country guarantied ; but that Georgia was completely sovereign and 
independent within her own acknowledged limits, except so far as she had 
expressly surrendered her sovereignty to the United States ; that she never 
had granted the power to the Federal government, by treaty or other- 
wise, to dispose of any portion of her territory ; and therefore these guaran- 
tees to the Indians could not be complied with specifically, but must be 
compensated by paying to the Indians the full value of their country 
whenever the state chose to assert her rights within her own limits. 

This subject I had occasion to discuss at length, in the early part of the 
year 1830, and have maintained this doctrine, at all times, and in all 
places, when it was spoken of in my presence, from that day to this. 

On all occasions I have used every fair means in my power to produce 
a disposition on the part of the Indians, to sell out their claim to the 
United States, and remove, and he who asserts to the contrary does him- 
self great injustice, because he asserts that which is untrue. 

By those who have latterly been disposed to find fault, it has been 
alleged, that winter before last, the United States negotiated a treaty 
with the Cherokees, which, if ratified by the Senate, would have put this 
question at rest, and that I was opposed to its ratification. 

It is true, at the time mentioned, Andrew Ross, James Starr, and some 
others, came on to Washington, and there made what was called a treaty ; 
and it is also true, that instrument was submitted to the Senate for rati- 
fication, and that the whole committee, of which I was one member, 
reported against its ratification, on the ground that it was not a treaty. 

A treaty is a contract or agreement between two or more nations or 
countries. To give it any validity, it must have the assent of both 
parties. This instrument, if ratified, was intended to bind the United 
States on one part, and the Cherokee Indians on the other. 

Andrew Ross and his party were not chiefs of the nation ; they did not 
pretend to represent the nation ; they were not authorized by the nation 
to make the treaty, nor did they pretend they had any such authority; 
and there was a protest signed, or pretended to be signed, by almost the 
ichole nation, against any attempt of theirs to make a treaty. 

Under these circumstances, I could find no principle or precedent 
which would justify me in calling that a treaty, which not only had not 
♦.he assent of the Indians, but was made against their express wishes ; 
therefore I held myself bound not to recommend its ratification. I 
sought information from the Secretary of War and others, and could find 
no one man who could furnish me with either principle or precedent for 
a course different from that which I pursued. It will be recollected, 
that during a prior administration, by some inadvertence, a treaty had 



170 MEMOIR OF HUGH LAWSON WHITE. 

been made and ratified with the Creek Indians, which, upon examina- 
tion, was found to be without authority from the Indians, and what 
were the consequences? A civil war; the principal Indian negotiators 
put to death, and the treaty annulled by the President and Senate. 

With a full knowledge of all this, I could not recommend the ratifica- 
tion of this instrument as a treaty, when, in my best judgment, it wanted 
the essential requisites to make it binding upon the parties. 

It has also been objected to me, that during the same winter, I intro- 
duced and urged the Senate to adopt a resolution, requesting the Presi- 
dent to negotiate with the State of Georgia, for a portion of her territory 
for the Cherokees. It is true, such a resolution was recommended by the 
unanimous consent of the Committee on Indian Affairs, of which I was 
chairman, and the Senate did not adopt it. I was induced to give my 
support to that resolution for the following reasons: — Georgia had 
extended her laws over the Indians. She had parcelled out among her 
citizens the Indian territory, reserving to the Indians the tracts of land 
upon which they actually resided. Ross and the other chiefs petitioned 
Congress to make good the guaranties contained in the treaties. Georgia 
was pressing to have the Indian title extinguished according to the com- 
pact, and one of the senators had introduced a bill, the first section of 
which provided that the United States should purchase out from the 
Indians those settlements which had been reserved by the Georgian laws, 
if they were willing to sell ; and the second section provided, if the 
Indians would not sell, that then the United States should purchase out 
from the individual citizens their jus simplex in those reservations, and 
vest the same in the Indian occupants. 

These various matters were all before the committee at the same time, 
and in addition to this, Ross and his party communicated to the commit- 
tee a wish, if nothing more could be done, that the Federal Government 
should endeavour to procure from Georgia a small portion of her territory, 
upon which the Indians might reside a few years, until they could be 
better qualified for the civil government of the State of Georgia, and 
alleged that some influential men in Georgia had assured them that the 
State would be willing to make such an arrangement, and if she would 
not when applied to by the Federal Government, that then the Indians 
would sell out their whole country and remove. 

In this state of things, and under these circumstances, I gave my sanc- 
tion to the resolutions, without much expectation that Georgia would 
yield to the wishes of the Indians ; but with a settled conviction that if 
Georgia refused, that then the Indians could have no pretext for longer 
delaying a treaty ; and I yet believe, if the Senate had adopted the reso- 
lution, and Georgia had refused, that before this time we should have 
had a treaty with the Cherokees. In this I may be mistaken, therefore 
find no fault with that part of the Senate who thought differently. 

During the last session of Congress, there were two parties of Chero- 
kees in Washington, the one headed by John Ross, and supposed to 
represent the whole of the Cherokees, the other by Ridge, and said to 
represent a small portion only. Memorials from both these parties had 
been presented to the Senate, the first, praying Congress to make good 



LETTER ON INDIAN AFFAIRS. 171 

their treaty stipulations, and the last, praying provision to be made for 
their removal west of the Mississippi. These memorials were referred to 
the committee, of which I was chairman. Near the close of the session, 
I was informed by the Secretary of War that the executive had been 
negotiating with floss and his party for the extinguishment of their title 
to the whole country now occupied by them, and that they had disagreed 
as to the price to be given, and that Ross had proposed to accept any 
sum which the Senate would say was reasonable, and therefore it was 
wished the Senate should give its advice as to the price. 

The difficulty at once presented itself, what mode could be adopted to 
bring the subject before the Senate, so as to enable that body to express 
its opinion. I took the liberty of suggesting that the President ought to 
send a confidential message, asking the advice of the Senate, and then, 
without doubt, it would be given, as this had been the course pursued by 
President Washington and the Senate, prior to the treaty of 1791, with 
this Siime nation of Indians. The Secretary afterwards informed me he 
had conferred with the President, who declined sending any message 
asking advice from the Senate, and thus it appeared the negotiation must 
fall through, as at that time no other regular mode of bringing the subject 
before that body occurred to me, or was suggested by any other person. 
Much solicitude was felt by several members with whom I conversed, as 
well as by myself, that the opportunity of settling amicably a controversy 
which had occasioned much trouble often, and serious apprehensions, 
should be lost, and in reflecting upon the subject, a mode of bringing 
the matter before the Senate presented itself to my mind, which was 
satisfactory. I stated it to the committee ; they concurred in it ; we 
brought the case before the Senate, and it aided in the adoption of a reso- 
lution which you have seen published. 

Any statement or suggestion which has been made, that either pub- 
licly or privately I have said or done anything since being a momber of 
the Senate, with a view, in any respect, to delay or defeat a treaty with 
the Cherokees, is entirely erroneous ; my best exertions have, at all 
times, been used to effect that object, and when the resolution, just 
alluded to, was adopted, I felt that my task was finished, and that a 
treaty would be the immediate consequence. If it fails, the fault ought 
not to be placed to my account. 

In 1826, soon after his entrance into political life, Judge White, in 
common with the whole party of which Gen. Jackson became the 
head, and in conformity to the declarations of that leader, was an 
avowed enemy to the existing system of executive patronage, and the 
class of measures naturally resulting from it. In 1883, upon the 
receipt of Mr. Calhoun's report (from the select committee appointed 



J~2 MEMOIR OF HUGH LAWSON WHITE. 

at his instance) to inquire into the extent and operation of the con- 
stantly increasing patronage of the executive of the United States, 
Judge White spoke in support of this bill, although by so doing he 
incurred much displeasure from his friends of the party in power. 
lie avowed the same principles that he had avowed before, in 1826, 
and afterwards in 1830. He was consistent in action and in speech ; 
but his friends of the Democratic host, who were now using for their 
own purposes the machinery whose use had afforded them so fine a 
subject for invective when in the hands of their opponents, could not 
patiently listen to a speech which, while it was strictly and entirely 
a repeated statement and a support of Judge White's own views, 
was indirectly though clearly a thorough exhibition of their own 
inconsistency. Judge White's remarks on this subject are of lasting 
interest ; and that not the least at the present day. We subjoin the 
essential portions of this forcible and valuable speech. February 16th, 
1835, Mr. White said: 

Mr. President: It was my fortune to be placed on the committee of 
nine, in the year 1826, whose proceedings have been spoken of in this 
debate. I am one of the committee who concurred in reporting the bill 
said to be similar to the one under consideration. I am now as ready 
to carry out the opinions then entertained as I was at that time, unless 
it can be shown that Congress has no power to make the enactments, or 
that they would be injurious to society. 

The number of officers emploj-ed in handling public money was neces- 
sarily very much increased during the war which terminated in 1814-15. 
Although the President had the power to remove all the officers men- 
tioned in this bill, yet it was believed, in the year 1820, it had not been 
exercised as frequently as the public interest required ; officers who had 
collected money which they ought to have paid into the treasury, and 
officers who drew money out of the treasury, which it was their duty 
to disburse according to the requirement of acts of Congress, had in 
many instances failed in the performance of their duty ; losses had been 
sustained, and more were feared, unless additional provisions were 
made ; these circumstances gave rise to the act of 1820. 

By this statute, at the end of every four years each of these officers is to 
be out of office as a matter of course, without the exercise of any execu- 
tive power whatever ; and during four years, the President, if he 
chooses to do so, has the power of removing all or any of them from 
office. In carrying into effect the provisions of this act, it was expected 
that when the term of an officer expired, the President would inform 
himself through the proper department, whether the officer had dis- 
charged his duty with fidelity ; and if he was informed he had, that he 



OFFICE AND PATRONAGE. 173 

■would then renominate him for the same office for another term. I 
believe that the benefits expected from this law have been realized by 
the practice under it. Ever since I have had the honor of a seat on this 
floor, I affirm that, both under the past and the present Administration, 
I have witnessed the strictest scrutiny into the conduct of these officers, 
whenever renominated ; and I do not remember a single case in which 
there was a disposition manifested to continue any one of them who had 
been faithless in his trust. But in 1826, the committee believed, that 
although much good had resulted from this law, yet, in the struggles for 
place and for power between parties, very great evils which had not 
been foreseen, would in all probability be experienced. The whole of 
these officers, amounting to a vast number, all going out at the end of 
each four years, and being entirely dependent upon the will of the Presi- 
dent, for the renewal of their commissions, many of them would be 
induced to look more to their own situation and interest than to the 
welfare of the country ; and, with a view to secure themselves, they 
would be most likely to conform their opinions to the wishes of the 
President, whoever he might happen to be. If he was a candidate for 
re-election himself, they would most likely vote for him; or if one of Ins 
friends Avas a candidate, they would vote for him, although they might 
not conscientiously believe the best interests of the country would be 
promoted by the interests of his opponent. It is no answer to this 
argument to say it casts reproach upon these officers to suppose they 
would surrender their opinions to those in power. Mr. President, is it 
a reproach to say they are men? Is it a stigma upon their character to 
say that while they live in this world, that while they have families to 
provide for, they must have the means of living? "We all know that we 
are too apt to conclude that our neighbors will be pretty well provided 
for when we are very well provided for ourselves. Experience con- 
vinces us that when a man who is dependent on his own exertions for a 
living, obtains one of these offices, he and his family manage well if they 
keep their expenditures within their salary. They become dependent 
upon the quarter's salary for food and clothing. If deprived of the office, 
the man knows not what to turn his hand to, to earn a dollar to subsist 
upon. To be deprived of the office is to be deprived of the only means 
of obtaining a livelihood by honest means. Under such circumstances, it 
is most likely the officer will not give his judgment fair play ; he will 
conform his opinions to the opinion of the man who has his all in his 
power; or if he has manliness enough to form an impartial opinion of 
the merits of the respective candidates, he will too seldom have the 
fortitude to express it, either in conversation or by his vote. The pro- 
bability is that he will soon lose all that manly independence so essential 
to the preservation of a free government. 

But, Mr. President, this evil does not stop with the head of the 



174 MEMOIR OF HUGH LAWSOX WHITE. 

family; the same tone of servile feeling is communicated to his whole 
family. It stops not with his wife and his children ; it is communicated 
to his family connections. They know the situation of the officer ; he 
and they talk it over in their family circle ; they sympathize with him 
and all knoAV the feelings of the executive will be the more kind towards 
him in proportion to his influence among his friends ; and the result will 
be that in most cases they will all settle down in the conviction that it is 
most wise to think and vote as the President wishes. Very little 
reflection, I think, must satisfy us of the alarming extent of this influence 
in our elections. All district attorneys, all custom-house officers, all 
paymasters, all receivers of public moneys at your land offices, and all 
surveyors of your public lands, with their clerks, and all their family 
connections, placed in a situation to do as the President of the United 
States may wish ; add to this the further consideration that these men, 
from their official stations, each has vastly more influence among his 
acquaintances than he would have if he were a private man. Society, 
from the very situation of the officer, will suppose him a better judge of 
the fitness of a man for the presidential chair than he would be if he 
were a private man : besides that, many will know that the officer will 
have it in his power to do them good turns in his office if they can 
secure his good opinion. 

Now, let us suppose a President in office, possessed of the mass of influ- 
ence thus collected, wishing to be elected for a second term, when it was 
the interest of society to leave him out and put some other person in : or 
let us suppose a President in for the last time, and wishing to designate 
some individual as his successor, who would not be the choice of a majority, 
if left free to act according to their unbiased judgment. What then 
would most probably happen ? "We might some time find that the Presi- 
dent would not, in such a case, be contented with all these people simply 
thinking with him and voting with him ; they must do more on pain of 
not being renominated ; thej 7 must each man do his best to influence as 
many to think, to speak, and to act with them, as they can procure. 
Where could you find a man able to make a stand in opposition to this 
demand ? Nowhere ; and you would seldom find one willing to make the 
experiment. Every one must believe he would have no chance of success 
against such fearful odds. These officers and their friends would act in 
concert from one end of the Union to the other. They will have it in their 
power to pour out at once through the whole body politic, a flood that 
would sweep from the purest man that lives, every particle of reputation 
he had acquired by a long life of virtue and usefulness. In 1826, as one 
member of the committee, I came to the conclusion that it was danger- 
ous to leave such a power in the hands of the executive, and through our 
chairman expressed that opinion to the world. I entertain the same 
opinion now, and am prepared to re-affirm, and to act upon it. Then I 



OFFICE AND PATRONAGE. 175 

was in opposition to the Administration ; now, I am a friend to the Admin- 
istration. This can make no change in my course. When we have a 
pure and virtuous man for our Chief Magistrate he Avill thank Congress to 
take from him every discretionary power which it can take with pro- 
priety. It will ease him of a labor and responsibility most unpleasant to 
a good man, and he will still have as many discretionary powers as he 
will know how to exercise for the public good. If ever it should be our 
misfortune to have one of an opposite character, disposed to use all his 
powers for the benefit of himself and his friends, and for the purpose of 
perpetuating power in his and their hands, then society at large ought to 
thank us for stripping the executive of this influence. 

My opinions upon this subject are not founded upon the petty considera- 
tion of who is in power, whether he is a political friend or a political oppo- 
nent; they rest upon the eternal principles of what I think is right and 
wrong between those who are in and those who are out of power. They 
are founded upon principle deep as the foundations of government itself; 
upon principles the disregard of which will poison the very fountain 
from which all the blessings of our free and happy government flow. The 
elective franchise — corrupt that ; place our citizens in such a situation 
that they will not freely form opinions for themselves and fearlessly act 
upon them ; and we shall have little left worth preserving. 

When called on to act my part, it is matter not to be considered by me, 
whether my friends are in or out. In 1826, when called on for an opinion, 
my friends and myself were at the bottom of the political wheel. I then 
entertained and expressed an opinion. Now it has turned; my friends 
and myself are at the top ; our opponents are at the bottom ; where we 
may be with the next whirl, no man can tell. As wise men, what ought 
we to do? We ought to act justly to all men, honestly carry out our own 
old opinions, and secure the people, as far as we can, in the free, unin- 
fluenced exercise of their own opinions at elections. My principles are 
to limit power, if we can, so as to make every man secure in voting for 
whom he pleases, as he is in matters of religion ; in worshipping his 
Maker according to the dictates of his own conscience. When power is 
so limited that no man can so use it as to injure his opponents, then, and 
then only, do I consider myself safe. 

The question recurs, how can Congress secure the citizen in office against 
an arbitrary exercise of this power, in cases where the public good does 
not require it? The committee have attempted to give this security by 
providing that whenever a nomination is made to the Senate to fill a 
vacancy occasioned by a removal, the President shall state the reasons 
for such removal. This it has been contended Congress lias no power to 
do, because all executive power is vested in the President by the Consti- 
tution, and removal from office is an exercise of executive power. 

The arguments upon this point are far from being satisfactory to my 



176 MEMOIR OF HUGH LAAVSON WHITE. 

mind, and I must crave the indulgence of the Senate while I present as 
briefly as possible my own views upon it. 

Is any gentleman prepared to state it as his opinion that under our 
form of government, executive power is unlimited and undefined? I 
hold no such doctrine ; and it would appear to me a most wild and mis- 
chievous opinion. 

The executive power, in our government, in the President, is that vested 
in him by express grants in the Constitution, or by acts of Congress 
passed in pursuance of the Constitution, and no more. By the Constitu- 
tion, " all legislative power herein granted is vested in Congress." By the 
same instrument the executive power is vested in a President. In this 
latter clause, the words "herein granted," used in the former are dropped. 
The reason for dropping them is to my mind very obvious. If they had 
been used as to the President, he would have but a small portion of the 
powers necessary to be vested in him to enable him to carry on the affairs 
of the government. The framers of that instrument foresaw that he 
must have many more powers than they could specify in the Constitution, 
and therefore they say the executive power shall be vested in a President, 
intending that he should have and exercise all the power they themselves 
afterwards might vest in him, and also all others which Congress might 
from time to time vest in him by laws passed in pursuance of the Consti- 
tution. And afterwards they sum up his duties by saying that he shall 
see that the laws are faithfully executed. 

Under these several clauses the executive powers are easily ascertained. 
"We first look into the Constitution, and there see what powers are 
expressly given to him. Next we look at the acts of Congress, and 
there find what powers Congress has invested him with; and thus we 
ascertain his whole powers, and then we see that his duties are to see that 
all these powers are faithfully executed. "Whatever powers are vested by 
the Constitution, Congress has no power to change : whatever powers 
they vest by statute, they may change and modify at pleasure. Any 
other notion of executive powers vested in the President, it seems to 
me, cannot be maintained under our frame of government. By the 
Constitution two classes of officers are evidently intended. One of 
these, Congress is bound to create; and when created, the tenure of 
their office is fixed by the Constitution, and can never be changed by 
act of Congress. As relates to the other class, Congress may create the 
office or not, as they please. In creating it, they may fix the tenure as 
they please ; for life, for years, or at will ; they prescribe what duties they 
please, and fix the compensation to suit their own pleasure ; and they 
may point out the mode in which the officer is to be removed or 
displaced. 

Ours is emphatically a government of laws. We are a free people 
because it is so. Whenever the will of the people is expressed, either in 



OFFICE AXD PATRONAGE. 177 

the Constitution or in a law passed in pursuance thereof, it must he com- 
plied with, because, according to the theory of our government, the 
people are sovereign. ~So person doubts, or can doubt, the power of the 
President to remove in such cases ; but the manner in which he acquires 
tins power is a different question. Gentlemen who argue against this 
section say, he has it from the Constitution, because it is an executive 
power. I deny this, and say it is an executive power because it is made 
so by statute, and he performs a constitutional duty when he removes, 
because he is as much bound to perform executive duties pointed out by 
statute as he is to perform those specified by the Constitution. It is an 
executive power, because it was the will of the people, through Con- 
gress, as their agent, to make it so ; and the same power, through the 
same agent, could have made it a judicial duty, if it had been deemed 
wise so to provide. 

Mr. President, these are the principles upon which I was prepared to 
act in 1826. They are those upon which I wished to bring into power 
the present Chief Magistrate. I speak only for myself; but I believed 
they were the principles of the party with which I acted, and that we 
were to give effect to those principles, so far as we might have the 
power. For one, I have seen no sufficient reason to change them, and 
am prepared to act them out. It is in vain to tell me that this is a 
party question. It is a question of fundamental principles, and I am on 
that side of it in which I have been educated, on which I have hereto- 
fore acted, as well as my humble abilities have enabled me ; it is one I 
cannot abandon for any earthly consideration, because in its maintenance 
I believe the prosperity, happiness and security of the present and suc- 
ceeding generations have a deep and abiding interest. It is asked by 
the opponents of this bill, what benefit its friends expect from a state- 
ment of the reasons of the removal when the nomination of a successor 
is presented to the Senate ? I answer for myself, I wish to cut up by 
the roots the demoralizing tendencies of office-hunting. I wish to 
make such provisions by law as will shield the Chief Magistrate from 
impositions practised upon him to induce him to remove men from 
office. I wish to shield him from being imposed upon as to the charac- 
ter of those who apply for office. As the law now stands, whenever a 
man may take a fancy to an office filled by his neighbor, all he has to do 
is to poison the mind of the executive against the incumbent, and to 
make a favorable impression as to the fitness of him who desires to 
be the successor. These objects can be accomplished by making charac- 
ters in secret upon paper. Before the officer is aware of it, his reputa- 
tion is blasted by secret and confidential communications made by some 
of those he had esteemed his friends ; they are lodged with the execu- 
tive, where it is expected they will remain secret ; and upon the strength 
of these representations the officer is removed. "When this is accom- 

12 



178 MEMOIR OF HUGH LA.WSON WHITE., 

plished, the scuffle commences for a successor, and paper characters aro 
procured for perhaps half a dozen applicants ; and very frequently, the 
individual having, in point of fact, the worst character of any in the 
group is so dressed up and supported by certificates as to convince the 
executive that the public interest will be promoted by selecting him as 
the successor, and he is nominated to the Senate. The business does 
not end here. All the disappointed applicants then go to work with 
senators to defeat a confirmation of the nomination, each hoping that if 
that is done, he stands next best with the executive, and will secure 
the office. 

Under the present state of things, society will become demoralized; 
men will be constantly coveting that possessed by their neighbors ; and 
for the sake of procuring what they covet, they will themselves bear, and 
will procure others to bear false witness. Under the laws, as they now 
stand, the business of office-hunting will become a science. Men will be 
selected and furnished with funds to defray the expense of coming to 
"Washington, for the purpose of having one set turned out and another 
set put in, by means of artful tales, secretly gotten up and reduced to 
writing, which, it is supposed, will never see the light. This officer and 
representative of office-hunters will come on with one pocket full of bad 
characters with which to turn out incumbents, and the other full of good 
characters with which to provide for his constituents. 

Pass this bill, and a wholesome check will be given to this whole 
system. Require the reasons for removal to be stated, and no man will 
dare to make a statement which he does not believe to be true, because 
exposure and disgrace will certainly be the consequence. You will take 
out of the hand of the cowardly assassin, the poisoned dagger heretofore 
used in the dark. You will shield the executive from mistakes founded 
on false representations. No executive can be personally acquainted with 
the characters of all men in office, nor with the characters of all those 
who desire office; he must act upon information derived from others; he 
ought, and I feel persuaded the present Chief Magistrate will, thank Con- 
gress for any plan by which he may be the better enabled to discharge 
his official duties to the enhancement of the welfare of society. 

Another advantage to be derived from this bill is, that it will check 
the thirst for office, and restore harmony to society. "When a man is 
removed for want of capacity, for want of integrity, for intemperance, or 
for lack of business habits, why not put down the reason? Who is 
harmed by it? Nobody. Now a man's reputation is stabbed in the 
dark; by whom, or in what manner, he is unable to find out. Pass this 
bill, and if a man is injured, he will know by whom, and in what man- 
ner ; and can wipe out the stain, not by a controversy with the Presi- 
dent, but by a controversy with the man whose falsehoods mislead the 
President. 



OFFICE AND PATRONAGE. 179 

Again; we shall in all time to come secure honest officers in the enjoy- 
ment of honest political opinions. No President will ever remove an 
officer, simply because he will not think and act with him in politics, 
when he knows this reason is to be of record, and to remain through all 
time. For myself, now above all others is the time when I wish to see 
this security fitrnished to honest men in office. I wish the credit of it 
for this Administration, for this executive. His anxious wish has been 
to secure to the States and to individuals what, in his judgment, they had 
been improperly deprived of by federal power ; and I wish to see in his 
day a surrender of all means which an unprincipled Chief Magistrate 
might use to influence the political opinions of men. I know him too 
well not to believe it would meet his hearty approbation ; and in time to 
come, when the historian shall record the beneficial acts of our illustri- 
ous men, I feel persuaded that this act will not escape his attention. 

The sentiments expressed in this speech are alluded to in a letter to 
J. A. Whiteside, Esq., Sept. 17, 1835. Judge White says to that 
gentleman : 

When this subject was before the Senate, I took occasion to state the 
reasons for my course so fully, as to render it unnecessary now to say 
much on that subject. It was a subject which had excited much interest, 
while Mr. Adams was President of the United States ; I formed the same 
opinions then which I expressed last winter. The subject was again before 
the Senate in 1830, and at that time my opinions were the same they had 
been in 1826, and yet are. I firmly believed they were the same opin- 
ions entertained by Mr. Jefferson, and by the political party to which I 
belonged. I not only believed they were the principles of the present 
Chief Magistrate, but thought one great object of the struggle to bring 
him into power, was to maintain, and to carry out by legislative enact- 
ments, and by his practice, these very principles. 

I would have held myself dishonored as a man, and felt as if bringing 
disgrace upon the Pvepublican party, and more especially upon the Chief 
Magistrate, if I had maintained one set of principles to acquire place and 
power, and then, for the purpose of retaining them, attempted to practise 
upon another. 

No matter who is President of the United States, I firmly believe exec- 
utive power ought to be limited within the narrowest limits compatible 
with an administration of the government ; otherwise all efficient agency 
of the people, in their own affairs, will soon be lost. If the executive 
power and patronage be left as they now are, and we should ever have a 
popular Chief Magistrate willing, from any motive, to lend his influence, 
and to use his patronage for the purpose of designating and electing his 
successor, then will this tremendous power be felt, and if it does not end 



180 MEMOIR OF HUGH LAWSOX WHITE. 

in the destruction of those rights secured to the people, and substituting 
in their place the will of one man, then shall I think the people of the 
United States a peculiar race, and more highly favored of heaven than 
any who have preceded them. 

I was born under a king, but raised and educated in a Kepublic. To 
secure to our posterity the same freedom for which our fathers toiled, it 
is essential that executive favor and patronage should be limited by law ; 
otherwise the day may not be remote when we will have in fact a 
monarchy, and it the more odious because a deceptive form of a republic 
may be continued. 

Mr. Benton, of Missouri, whose rugged instinctive honesty was in 
full sympathy with Judge White on this point, alone of all the 
administration phalanx in the Senate, voted with him for the passage 
of the bill. 

In March of the year 1835, Judge White had occasion to state his 
views upon the much contested question of the Expunging Resolu- 
tions, so widely known and so exciting in their day ; and which were 
introduced by Hon. Thomas H. Benton of Missouri. It may not be 
entirely superfluous to mention that these resolutions contemplated 
the actual expunging— the wiping out, or erasure — from the journals 
of the Senate, of a certain vote of censure upon General Jackson, for 
his conduct in removing the deposits from the United States Bank, 
which vote was there recorded March 28th, 1834. Judge White 
contended that the Senate had no right thus to destroy the records 
of their doings. Upon offering an amendment which would call for 
the " rescinding, repealing, reversing and declaring null and void " 
of the resolution censuring General Jackson, instead of the expung- 
ing: it, he said : 

Mr. President : The object of my amendment is, to enable each sena- 
tor to express the opinion he really entertains of the resolution formerly 
passed by this body. 

To vote for the resolution of the senator from Missouri in its present 
shape, I cannot. He proposes to " expunge " from our journals one of 
our resolutions, which was adopted when our votes were taken and 
recorded by yeas and nays. The Constitution requires that " each House 
shall keep a journal of its proceedings, and that at the decision of one-fifth 
of its memlers, the yeas and nays shall le taken on any question.' 1 '' This 
Constitution each member has solemnly sworn to support. When we 
speak of the journal of our proceedings, we speak of a book kept here, 



EXPUNGING RESOLUTION. 181 

under our own inspection, in which is faithfully recorded, tinder its appro- 
priate date, every transaction of the body. This book is the original 
and all others are only copies of it. Now, what is proposed by the 
resolution ? It is to expunge one of the resolutions which we all admit 
we actually adopted, upon yeas and nays, on the 28th of March, 1834. 
Now if we adopt this resolution, Ave solemnly order that our former 
resolution shall be erased, rubbed out, blotted, obliterated, or so corrected 
that it cannot be read. Suppose this order carried into effect, and any 
man to read our record, our journal, under date of the 28th March, and 
he would have no knowledge that such a resolution as that complained 
of had ever existed. 

The answer given to this argument by the honorable senator is not 
satisfactory. He says in his resolution now under consideration, " It is 
preserved, because it is set out word for word." But it is not under its 
true date ; and upon that principle, if we wisla to ascertain what was 
done 28th March, 1834, we must look not to the journal of that year, but 
to the journal of 1835. This would not be a diary or journal of our 
proceedings according with the facts. 

Again, what would become of our yeas and nays ? Are we to deprive 
ourselves, those of our own day, and posterity, of all means of knowing 
how we voted ? The gentleman does not propose preserving our yeas 
and nays. I do not wish to lose mine, nor do I suppose any other mem- 
ber wishes to give up this record evidence of his opinion. 

It appears to me plain that we cannot vote for expunging the journal, 
because it is contrary to the positive injunction of the Constitution, 
which we are bound to observe. Adopt my amendment, and then pass 
the resolution, and we accomplish everything desirable. We " rescind " 
and declare " null and void " the original resolution. This is all that can 
be wished by any person ; we reverse our decision because we now think it 
was wrong ; and we declare it null and void, because it was always wrong, 
and ought never to have been adopted. 

This is the effect of my amendment as first proposed by me ; and now 
at the instance of the honorable senator, from Pennsylvania (Mr. 
McKean), I have modified, so as to incorporate into it the additional words 
" repealed and reversed."' It now reads that the resolution of 28th March 
is "rescinded, repealed, reversed and declared to be null and void." 
This, it appears to me, is as strong an opinion as we can give, that the 
original resolution shall not stand as the judgment of the Senate, and 
that it ought never to have found a place upon our journals. 

Thus far I am willing to go, because it conforms to the opinion I now 
entertain, and to the opinion I entertained when the original resolution 
was adopted. 

If time permitted, I would gladly say more on this subject; but it does 
not, and I must content myself with expressing a hope that my amend- 



182 MEMOIR OF HUGH LAWSON WHITE. 

rnent may be adopted, so that I can vote for the resolution without a 
violation of one of my most solemn obligations. 

The question was quieted for that session by means of a motion to 
lay it on the table. Next year however, under the indomitable lead of 
Benton, it was started again ; and Judge White defined his position 
upon it more at length, in a speech delivered June 28th, 1836, as follows : 

The following preamble and resolution offered by Mr. White being 
under consideration : 

Whereas, on the 28th day of March, 1834, the Senate of the United States adopted a resolu- 
tion in the words following, to wit : 

" Resolved, That the President, in the late executive proceedings in relation to the public 
revenue, has assumed upon himself authority and powers not conferred by the Constitution 
and laws, but in derogation of both :" 

And whereas, upon the question whether said resolution should be adopted, it was decided by 
one-fifth of the senators present that the same should be taken by yeas and nays ; and the 
votes of the several members now stand recorded on the journal of the Senate: 

And whereas the said resolution still remains on the journal of the Senate in full force, not 
rescinded, reversed, repealed, or annulled ; and cannot now be expunged, cancelled, or in any 
way obliterated or defaced without violating that clause of the Constitution of the United 
States which is in the following words, to wit: "Each house shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting such part as may in their judgment 
require secrecy ; and the yeas and nays of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal :" 

And whereas each senator, before taking his seat, was bound to take, and did take, an oath 
to support said Constitution: 

And whereas the President of the United States, in the late executive proceedings in relation 
to the public revenue, alluded to in said resolution, did not, in the opinion of the Senate 
assume upon himself authority and powers not conferred upon him by the Constitution and 
laws : Therefore, it is 

Resolved, That the said resolution, and the opinion therein expressed, be, and the same 
hereby are, rescinded, reversed, and annulled; and it is hereby declared that the said resolu- 
tion ought not to be considered as having had, or as now or hereafter having any force or 
effect whatever. 

Mr. White addressed the Senate as follows : 

Mr. President : By means not within my control, I have become so far 
connected with this subject, as to consider it a duty to submit the reso- 
lution now under consideration, and to urge its adoption by such reasons 
as are satisfactory to my own mind. During our last session, the honor- 
able senator from Missouri offered a resolution, proposing that we should 
order the resolution of the 28th March, 1834, to be expunged from the 
journal. "When it was taken up for consideration, entertaining the 
opinion that the Senate had not the power to make such an order, I 
moved to amend the resolution, by striking out the order to expunge, 
and all which followed it, and inserting that the resolution should be 



EXPUNGING RESOLUTION. 183 

rescinded, reversed, repealed, and declared to be null and void. The 
senator from Alabama moved that the question be first taken on striking 
out the word " expunge," and, after a very short debate, it was stricken 
out, by almost a unanimous vote ; and then, upon the motion of one of 
the senators from Massachusetts, the subject was laid on the table. At 
this session we have a proposition, which is now on the table, for a 
qualified or limited expunging. Still believing my first impressions on 
the subject were correct, I have ventured to submit my resolution, and 
upon it will desire the decision of the Senate. 

The first position assumed in the preamble to my resolution liable to 
doubt is, that Ave have not the power to expunge from our journal the 
resolution of the 28th March, 1834. 

Our government is republican, and, by the Constitution, it was intended 
that all agents in the different departments of it should be responsible for 
their publio conduct. With a view to secure this accountability, so far as 
the two Houses of Congress are concerned, and also for the purpose of 
perpetuating a knowledge of what should be done by them, it is provided 
by the Constitution of the United States, 5th section of the 1st article, 
that "each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may, in their judgment, 
require secrecy ; and the yeas and nays of the members of either House, 
on any question, shall, at the desire of one-fifth of those present, be 
entered on the journal." Generally, that interpretation of the Constitu- 
tion, or of a statute, is the true one, which would be put upon it by a 
common man. 

It appears to me very clear that were a common man asked what did 
the framers of the Constitution mean should be done, when they used the 
language just quoted, he would answer, that each house should have 
faithfully recorded the proceedings of each day, and carefully preserve the 
ooolc in which they were recorded. To determine the meaning of this 
word " keep" we are not to look into a glossary to see how many different 
definitions we can find, but to the context and to the ooject the framers of 
the Constitution wished to attain. Each house is directed to keep a jour- 
nal of its proceedings, and from time to time to publish the same. The 
object evidently is, that the body itself may at all times know what it 
and its predecessors have done, and that the constituent may also know 
what has been done, and by whom. — [Bayard's Exposition of the Consti- 
tution, p. 58.] 

If, as soon as we have recorded our daily proceedings, we have per- 
formed the whole duty required by this clause, and may then burn, tear 
up, obliterate, or expunge the journal, the whole object will be defeated. 
The convention were aware that neither house would be always in ses- 
sion, and that when in session the members themselves could not, in 
person, keep the journal ; provision is therefore made in article 1, sections 



184 MEMOIR OF HUGH LAWSON WHITE. 

2 and 3, that each house shall have power to appoint the necessary 
officers. Through officers thus appointed the journal is kept and pre- 
served, as the records of courts are kept and preserved by their clerks. 

We are not only to keep the journal, but from time to time to publish 
the same. The journal which is kept is the one which is to be published; 
not once only, but from time to time. If we admit that after our pro- 
ceedings have been once published, then we may expunge, how shall we 
comply with the injunction to publish from time to time? Those to 
whom the printed copies have been delivered are under no constitutional 
obligation to preserve their copies. They may be destroyed at pleasure. 
Upon their care we must depend to enable us to publish a second or third 
edition ; yet we have been directed to keep and, from time to time, pub- 
lish. Again, if we do publish a second or third edition from our own 
journal, having expunged some of our proceedings immediately after the 
first publication, then the first edition and the subsequent ones will not 
agree, because the expunged proceedings will not appear in the last pub- 
lications, no matter whether the expunging is considered literal or figur- 
ative. And what will make the matter worse is, there will be no record 
in charge of our own officer, by which to prove which edition is a true 
copy. 

The provisions in the 7th section of the same article strongly support 
the construction for which I contend : 

"Every bill which shall have passed the House of Representatives and the Senate, shall, 
before it become a law, be presented to the President of the United States; if he approve, he 
shall sign it ; but if not, he shall return it, with his objections, to that house in which it shall have 
originated, who shall 'enter the objections at large on their journal,' and proceed to reconsi- 
der it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it 
shall be sent, together with the objections, to the other house, by which it shall likewise be 
reconsidered ; and, if approved by two-thirds of that house, it shall become a law. But in all 
such cases, the ' votes of both houses shall be determined by yeas and nays, and the names of 
the persons voting for and against the bill shall be entered on the journal of each house, 
respectively.' If any bill shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall be a law, in like manner as 
if he had signed it, unless the Congress, by their adjournment, prevent its return ; in which 
case, it shall not be a law." 

The like ceremonies are to be gone through in relation to order, reso- 
lutions, or votes, in which the concurrence of both Houses is necessary. 

Now, sir, is any gentleman prepared to say, that in any case arising 
under this section, we have the power to expunge the journal ? If we 
cannot, how can we in any other case ? The language requiring us to keep 
a journal of our proceedings is as strong "and imperative as the language 
in this section, requiring the President's objections to be entered on the 
journal, and the names of the voters to be recorded. The same solemn 
guards are thrown around both : and if we now have the power to 
expunge the journal of March, 1834, we also have the power to go back 



EXPUNGING RESOLUTION. 185 

and expunge from the journal the proceedings in relation to any veto sent 
to us by any President. 

To keep a journal of our proceedings must mean that we shall hare 
them faithfully recorded, and then the record carefully preserved ; other- 
wise, the whole context is disregarded, and the great object of responsi- 
bility of legislative agents defeated. Let us, for a moment, consider some 
of the familiar cases put by the other side. 

"We employ a man " to keep the door.'''' After he has opened it, and 
let some person in or out of the house, surely he is not at liberty to 
break the door. 

A man employs a person to keep his house. After the house is put in 
good order, the house-keeper is not at liberty to break or burn the furni- 
ture, or to expunge it, by making black marks around it. 

A merchant employs a person to keep his store and books. After the 
day's or week's work is over, the clerk is not at liberty to tear out or 
expunge any of the entries, showing the goods sold, or the cash received ; 
yet all these things might lawfully be done by these different persons, if 
the arguments in favor of expunging our journal are correct. 

It has been sometimes urged that each house has a discretion as to the 
matter that shall be put on its journal. This, to some extent, is true, but 
cannot affect my argument. Each house is for ever bound to put enough 
matter on the journal to show on what subjects it acted, and the decision 
of the body on each subject. 

To prove this discretionary power, it is said we may select for publica- 
tion such parts of the journal as we please, and keep the rest secret. 

It is true, by the clause under consideration, each house is bound to 
keep a journal of all its proceedings, but may refrain from having 
published such parts as the public interest requires should be kept 
secret. 

This power to refrain from publishing is expressly given, and therefore 
may be legally exercised. It is, with me, conclusive to show that we are 
bound always to preserve the journal. Parts of it we need not publish. 
!Now, if we are not bound to preserve the record of our proceedings, 
there would be no evidence in existence of what had been done upon those 
subjects in relation to which the journal had not been published. 

Again : we have the express power given not to publish some parts of 
our proceedings ; if, in addition to this, we assume the power which is 
not given to expunge what we please, we may, and probably will, some 
time choose not to publish some proceeding which would not be accept- 
able to our constituents; and then, after it had performed what we 
intended, we could expunge it, and thus evade all that responsibility 
intended to be secured. 

It is said the journal is nothing but inducement to some other matter 
more important. This opinion I do not think is well founded. Tne 



1 80 MEMOIR OF IIUGH LAWSON WHITE. 

journals, so far from being considered as merely introductory, or induce- 
ment to something more important, and therefore in our power to dispose 
of as we please, ought to viewed as sacred, because they contain the only 
evidence of the judgment of the representatives of the people upon the 
different subjects acted on; they are the very essence, or, as the lawyers 
term it, the gist of the whole matter. 

In our free and happy country our laws are binding, because they con- 
tain the will of the people themselves, expressed by their representatives, 
in the mode pointed out in the Constitution. The journal is the only 
evidence of this will. An act is not binding because it is signed by the 
presiding officers of the two houses, but because it is the expressed will 
of a majority in each house ; and the journal is the highest evidence of 
this will. At the last session, by some mistake, a bill, which our journal 
shows was indefinitely postponed, was signed by the presiding officers 
and by the President. It was no laic, although it had the form of one. 
It wanted the-essence, the will of a majority of one of the houses, and 
the journal of that house is the highest and only evidence of the defect. 
I, therefore, deny that we have any power to expunge, on the ground that 
the journal is mere inducement to something more important. But, 
again : even if it were only inducement, I deny, on that account, we have 
any power to disobey a command of the Constitution. It says we shall 
keep a journal of our proceedings. "We call Heaven to witness we will 
obey this command. In consequence of this solemn promise, we are 
intrusted with matters of the highest interest. We have faithfully 
recorded one of our proceedings, but afterwards tear or blot it out, or 
expunge it — that is, prick it out — and are called upon for the reason, and 
answer, it was of no consequence, because it was mere inducement to 
something else. The excuse ought never to be admitted ; if it is in one 
case, it may be in every case. We may obliterate, expunge, or burn the 
whole. 

It is further urged, if the whole record is destroyed, after the journal 
has been published, it makes no difference, because each printed copy 
is the journal. 

This I think an entire mistake; the printed journal is only a copy of the 
original, and, although it may be admitted as evidence in court, it is only 
because it is supposed to be a true copy of the original, as it has been 
printed by public authority; and because you cannot procure the original, 
it being the duty of the secretary to keep it in his own possession. 

The original is the best evidence ; and the party is only excused from 
producing it because he cannot procure it. Suppose the copy offered not 
a true one, the error is always corrected by having recourse to the 
original. 

Again: if all these printed copies are originals, and we order the 
journal to be expunged, we must make our secretary apply the process 



EXPUNGING RESOLUTIONS. 187 

to each copy ; if lie does to one, and not to all, they will vary from each 
other; and if we apply the process to the original, and not to the printed 
copies, every copy will vary from the original. 

The journal of 1834 has been published — many copies of it — the 
obnoxious resolution with the rest. Suppose we now expunge it, actually 
or figuratively, and then publish another edition, the resolution would 
not appear in the last edition, and thus it would vary from that now in 
existence. 

If we decide that the printed copies are to be considered as the origi- 
nals, and not copies merely, it appears to me we endanger the purity of 
our whole proceedings. It will be very easy for those who are ingenious 
in villany to print with »ur mark and impose on the world spurious 
copies, and insert as our j>roceedings matters which never occurred. 

It is thought we err in giving the same sanctity to our journal which 
is properly given to the records of courts of justice, which, it is admitted, 
cannot be expunged, or altered after the term. 

In my opinion, our journal ought to be considered the most sacred of 
the two. The records of the courts only affect the private rights of indi- 
viduals; our records affect all society. Records of courts are only 
required to be kept by legislative enactments ; the records of each house 
of Congress were not left to statutory enactments, but are required to be 
"kept by the Constitution itself. 

Those who insist that we have the power to expunge seek support from 
precedents ; and it has been said that in the sixth year of the reign of 
Henry VIII. it was enacted that a record should be kept of the leaves 
of absence granted to different members of the Parliament. And from 
this it is argued that Parliament was bound by law after that time to keep 
a journal ; and if they expunged any of their proceedings, so may we. 
To this I answer, that the expunging of any entry made on the journal 
after that time, on any other subject than that of giving leave of absence 
to a, member, is of no more weight than if such a statute had never 
been enacted ; and gentlemen have not produced, and I do not believe 
they can produce, a case in which either House expunged any such 
entry. 

The statute did not require a record to be made of anything except leave 
of absence, and if any other proceeding was recorded in the same book, 
it was by some order of the house ; and the same power could, at any 
time, order it to be expunged, just as well as if it had been recorded in 
any other book. 

Our constitution requires that we shall keep a journal of all our pro- 
ceedings ; and we ought to preserve the whole with as much care as the 
Parliament did their leaves of absence. 

By the articles of confederation, Congress was required to publish 
every month the journal of their proceedings ; and from this it is inferred 



188 MEMOIR OF HUGH LAWSON WHITE. 

they were bound to keep a journal of all their proceedings. In the first 
place, I think this inference very far from imposing the same obligation 
upon the old Congress that is imposed on us by the present consideration, 
in language too plain to be misunderstood. In the next place, if it did, 
what cases have gentlemen shown of any matter being expunged from 
their journals ? None. 

It were a useless consumption of time in me to notice in detail the dif- 
ferent cases cited, to show that the journals have been expunged by both 
Houses in Great Britain, under the Colonial Government in Virginia, and in 
the State of Massachusetts, because the same general answer may be given 
to all. The legislature was not required by either a constitution or a law 
to keep a journal. The journal was only kept by virtue of the order or 
usage of each house, and could be changed at any time, to any extent 
either house might think right. 

But a precedent has been referred to in my own State, and there the 
Constitution does require that each house shall keep a journal. 

Gentlemen who rely upon this precedent have been misinformed. They 
have not named the case, but I can be at no loss as to what the reference 
is made. It must be the case of Judge "Williams, who was impeached; and 
tried; and to convict, the Constitution required ttoo-thirds of the mem- 
bers. "When opinions were expressed, there were two-thirds for convic- 
tion, if absent members were not counted ; if they were, there were not 
two-thirds. Upon this point there was a great variety of opinion, and 
ultimately the presiding member discharged the judge as acquitted. On 
the next morning, when the journal was read, a member moved to cor- 
rect it, because the court had authorized no such order. This motion, it 
will be perceived, was in a court, therefore, no precedent for us. 

Next, it was not to expunge anything which the Senate had done, but 
to strike from the journal that which had been put there by mistake, and 
which the body never had ordered. 

Now, sir, if a man were set to search a case unlike the one before us, he 
could not do better than take the Tennessee case. 

Two precedents have been referred to in the proceedings of Congress, 
upon which I will make one or two remarks. 

On the last day of the session of 1806, two petitions were presented by 
a member of the Senate, complaining of the conduct of one of our courts ; 
they were received by the body and disposed of. During the same day a 
member moved to return the petitions, and to expunge the order for their 
reception from the journal, which was done accordingly. 

The first observation I make is, that we are to keep a journal of our 
proceedings. In other words, at the end of each day our record ought to 
show the result of our judgment upon each subject before us. 

The journal of that day does show this precisely. After the entry was 
expunged, the subject of those memorials was placed precisely where, in 






EXPUNGING RESOLUTIONS. 189 

the judgment of that body, it ought to rest, and that was, that CoDgress 
should have nothing to do with it. 

I will illustrate ray meaning by a familiar case. A merchant, in the 
forenoon, sells a bale of cloth to a customer, who pays him one hundred dol- 
lars for it. He enters the transaction on his journal. In the afternoon, 
of the same day, the customer returns, and asks the merchant to take 
back the cloth and return him his money ; with which request he com- 
plies, and, instead of incumbering his journal with another useless entry, 
he scratches out, or, in other words, expunges the entry he made when he 
sold the cloth. After this expunging, his journal will show the exact 
truth relative to this bale of cloth ; that is, it will give no account what- 
ever of the transaction, because the cloth was his in the morning, and it 
is still his the next morning. 

If we expunge the resolution of 2Sth March, 1834, by an order now 
made, our journal of that day will be so altered as not to show the result 
of the Senate's judgment on that day upon that subject ; therefore, there 
is no likeness in the two cases. 

Again, if they were similar, the precedent ought to have no weight 
whatever. There was no time for either discussion or deliberation. Be- 
sides, this was done in high party times — related to an exciting topic — 
Burr's conspiracy, and the expunging was ordered by a strictly party 
vote. 

The second case is that which occurred in the House of Eepresentatives 
in 1822. 

Mi - . Eandolph announced the death of Mr. Pinkney, who was not dead, 
and for that reason moved an adjournment. The adjournment took place, 
and the next day he moved that the reason assigned for the adjournment 
should be expunged, because it was not true, and it was accordingly ex- 
punged. In this case, what the House did was not expunged. It had in 
fact adjourned^ and so the journal still shows ; but the reason why they 
came to a decision to adjourn, being founded in mistake, was expunged. 

Now, sir, the journal at this moment shows, as well as it did when the 
entry was made, the proceedings of the House on that day ; and all the 
alteration produced is, that the reason for one of their acts cannot be 
known, as it is expunged. 

But in the case under consideration, to expunge would be to destroy all 
evidence of a decision itself for which I insist we have no precedent in 
the case relied on. 

The truth must be, the members of the convention were well aware of 
all the precedents in Great Britain, and in our own country, which existed 
when they framed the Constitution, and intended to leave nothing to the 
discretion of either house. They intended effectually to secure a just ac- 
countability from the representative to the constituent ; therefore they used 

the Constitution itself the imperative language, "each house shall keep 



190 MEMOIK OF HUGH LAWSON WniTE. 

a jonrnal,' 1 &c. Let us not, then, be misled by precedents which we fancy 
may bear us out. At best they are nothing, but "crutches on which 
weak minds sustain themselves" ; and if we are sustained by these prece- 
dents in expunging the resolution of 1834, the precedent which we will 
now make may sustain those who come after us in expunging important 
principles from the Constitution itself. 

It is urged that the mere act of expunging the journal is not a matter 
of any importance ; it is the effect or moral of the resolution which it is 
desired to remove. 

Why not adopt my resolution, then? No man can doubt our power to 
rescind, repeal, and reverse the resolution. 

The bad moral taught by the resolution will be removed by the subse- 
quent decision pronouncing the former one to be erroneous. But it is 
thought best to use the word " expunge," as, by the use of that word in 
parliamentary proceedings, the principles of civil liberty have been main- 
tained in other countries. 

If it has been always used for wise and good purposes elsewhere, let us 
be cautious that we do not so use it as eventually to produce mischief in 
this, the most free and favored country in the world. 

It appears to me, however, that this word, like everything else over 
which we have control, has been sometimes used when correct principles 
were asserted, and, in other instances, when the reverse was the case. 

When King James entered one of the houses of the British Parliament, 
and with his own hand expunged the journal ; when the House of Lords 
expunged the recognizance entered into before the Lord Mayor of London, 
and when the journals of the Virginia Legislature were expunged, or at- 
tempted to be expunged, during the Colonial government, it was not the 
watchword of the friends of liberty. I am not aware that it ever has 
been used, and I fear it never will be used, in aid of civil liberty, or the 
rights of man, when the process is resorted to to gratify the feelings of 
those in power, who are generally too prone to believe liberty is attacked 
whenever any portion of their conduct is disapproved, or there is any 
attempt to impose restraints on their liberty to do as they imagine is 
most for the public good. 

Mr. President, I propose in the next place to examine the soundness of 
the reason assigned why we may, and ought, to expunge. 

It is briefly this : that, as the Senate is the tribunal established by the 
Constitution to try the President when impeached, it is unconstitutional 
to pass a resolution which charges him with a crime for which he might 
be impeached, and that this resolution not only charges, but convicts him 
of a crime. I do not concur in this opinion, and beg leave to assign my 
reasons for dissenting from it. 

Under the Constitution, the powers of the Senate are judicial, executive, 
or legislative; judicial, when trying impeachments; executive, when 



EXPUNGING RESOLUTIONS. 191 

advising the President in relation to treaties, or as to the persons to be 
appointed to office ; legislative, in making laws, and in everything con- 
nected with making, amending, or repealing them. (Constitution U. S. 
art. 1, sect. 1.) 

The power of the Senate in all legislative matters is equal to that of 
the Ilouse of Representatives in all respects, with the single exception 
that bills to raise revenue must originate in the House. In the discharge 
of any legislative or executive duty, any individual member may say in 
his place that the President, or any other civil officer, has assumed powers 
not conferred upon him by the Constitution or laws. 

"What any one may lawfully say, every other may say with equal pro- 
priety. What any one or all may say, individually, all, or a majority, 
may with propriety express by way of resolution, which is nothing but 
an expression of the opinion of a majority on a given subject. 

The objection to this resolution is, that it charges the President with, 
and convicts him of, a crime, for which he may be impeached by the 
House ; and in that case it would be the duty of the Senate to try him ; 
therefore, it was unconstitutional to adopt the resolution. 

To this I answer, first, if it were an unconstitutional act to pass the 
resolution, it furnishes no reason why it should be expunged. If it did, 
we might go back and expunge from the journal everything which had 
been done by political opponents, from the adoption of the Constitution, 
which we chose to say was unconstitutional — all entries, relative to the 
alien and sedition laws, chartering the banks, &c. These entries, which 
we deem violations of the Constitution, of all others, are the ones we 
ought to desire should stand. By them, the disgrace of political oppon- 
ents would be perpetuated. Were I one of a majority who voted for such 
unconstitutional proceedings, I would feel very grateful to opponents who 
would wipe out, or expunge, the evidence of my disgrace so soon as they 
obtained the power. 

But again: we find in the Constitution, 1st art. 3d sect, these words : 

" Judgment in cases of impeachment shall not extend further than to removal from office, 
and to disqualification to hold and enjoy any office of honor, trust, or profit, under the United 
States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, 
judgment, and punishment, according to law." 

And, in art. 2, sect. 4, the language following : 

"The President, Vice-President, and all civil officers of the United States, shall be removed 
from office on impeachment for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors." 

To my mind it is very clear that neither the President, nor any other 
civil officer, can be impeached, unless he is charged with some crime. 
The question then is, does the resolution of the 28th of March, 1834, 



192 MEMOIR OF HUGH LAWSON WHITE. 

charge the President with the commission of a crime ? It is in these 
■words : 

"Resolved, That the President, in the late executive proceedings in relation to the public 
revenue, has assumed upon himself authority and powers not conferred by the Constitution and 
laws, but in derogation of both." 

It is with this resolution, and this only, we have to deal. As to what 
the bank or its agents had said or done, or as to the arguments or speeches 
of gentlemen, the Senate has given no opinion ; and upon the question 
now pending, we have nothing to do with them. 

I affirm that this resolution does not impute to the President any crime 
or misdemeanor whatever. There can be no such thing as a crime, with- 
out a lad motive. The resolution is entirely silent as to the motives by 
which the Chief Magistrate was governed. It therefore charges nothing 
but mere error of judgment. It alleges he assumed powers not conferred 
by the Constitution or laws; but whether the motives which induced 
him to assume these powers were virtuous, or the reverse, is not stated. 
If they were to promote the public good, and he honestly believed the 
powers he assumed had been conferred, although he might be mistaken, 
yet he ought to be applauded as a patriot, instead of being censured as a 
criminal. 

Intention to do wrong — bad motives — are the essence of crime ; and 
without them there can be no such thing. In this very case, if, in every 
act the President did, he mistook his powers, but still acted from high 
and pure motives, no honest tribunal upon earth could convict him of 
crime. 

This new doctrine of crime without evil intent has no sanction in 
morals, in reason, or in any adjudged case. The only cases referred to 
for its support are the impeachments against Judges Chase and Pickering. 
In the first of these, it is true, some of the articles of impeachment did 
not charge bad motives, but upon those he was acquitted without a dis- 
senting voice. 

In Pickering's case, the question was whether he was sane or not. He 
had been a highly respectable man, but acted badly on the bench, and it 
was alleged he was deranged. It was answered, if he was deranged, it 
was from intemperance, and therefore an aggravation of the offence ; and 
on that ground he was convicted. 

God forbid that a doctrine so unreasonable, so inconsistent with our 
imperfect condition, as that of crime without evil design, should ever be 
sanctioned anywhere, especially here. You and I are obliged to act in 
this very question ; it is our public duty to form opinions, and act upon 
them ; we disagree ; must one of ns be guilty of a crime ? Look at the 
situation of courts. A cause is tried before two judges in an inferior 
court, and they disagree ; must one be a criminal ? A writ of error is 



EXPUNGING RESOLUTIONS. 193 

taken from an inferior to a higher tribunal, and the judgment reversed ; 
are the judges of the court to be viewed and treated as criminals ? If they 
are, suppose there to be a still higher tribunal, to which the same cause 
is carried, and the last decision reversed, and the first established ; what 
are you to do then — punish the second set of judges? 

In the federal circuit courts, a judge of the Supreme Court and the 
district judge decide a cause; a writ of error is taken to the Supreme 
Court, where the same judge forms one of the court, and he concurs with 
his brethren in reversing his own decision. "What is to be done with 
him ? According to this strange doctrine, he is obliged to be guilty of a 
crime, because he has decided against himself. Away with such doctrine, 
it is absurd. Error and crime are as distinct as the motives by which 
angels and devils are governed. 

The great error in the argument on the other side is occasioned by not 
attending to the distinction between the acts of private citizens and of 
public officers. A private individual does an unlawful act; the law 
presumes he did it from bad motives ; because, so far from being com- 
pelled to act, it was his duty not to act. In the case of a public officer, 
he is compelled to act ; he is sworn to do so ; and whenever he does an 
official act, the presumption is, that his motives were good, although the 
act may have been contrary to law. If the law were not so, no honest 
man, conscious of his defects, would ever fill an office. He is bound to 
act — sworn to do so ; and when he uses all the means within his reach to 
inform himself, and exercises his best judgment, he is innocent, whether 
his acts are lawful or the reverse. This distinction between the acts of 
individuals and of public officers runs through all the cases which can be 
found in our books. The acts spoken of in the resolution as assumptions 
of power in derogation of the Constitution and law, were acts done by 
the President in his official capacity ; therefore, the resolution imputes to 
him no criminality whatever. 

The Senate unanimously adopted a resolution against the late Post- 
master-General, condemning some of his acts as unlawful ; but it charges 
him with no crime. If error is hereafter to constitute crime in our public 
officers, I should like to know who is to be judge. "Who feels that he has 
the infallible standard ? If any one will say " I have it," my word for it, 
if you will cultivate his acquaintance, you will .soon find he wants the 
common requisites, integrity and talents, essential to constitute a tolerable 
judge. 

If we expunge the journal, then we will have established the doctrine 
that, in every case, a President, or any other civil officer, may assume 
authority and powers not conferred by the Constitution and laws, but in 
derogation of both, and we dare not say that is our opinion. Against 
such a doctrine I enter my protest. "We not only have the power, but it 
is our duty to exercise it whenever such a case occurs. Suppose the 

13 



194 MEMOIR OF HUGH LAWSON WHITE. 

President to nominate for some office a man who already holds the office 
of governor or judge, I surely would have a right to say I will not vote 
for him, because I think he has, in the office he now holds, assumed 
powers he did not possess, and therefore I will not trust him farther. 

After having said so, if he is impeached, I cannot be challenged and 
excluded from sitting as one of his triers. I have charged him with 
no crime ; and, having given an opinion that his conduct was unlawful, 
does not disqualify me. If this were so, we must reverse the whole 
order of things ; and whenever a judge is called on to decide a cause 
similar to one he had before decided, we must exclude him, and appoint 
some other ; whereas the common impression has ever been, that the 
judge is the better qualified for having examined and previously decided 
the same or a similar question. 

In England a peer cannot be challenged because he has previously given 
an opinion; nor can a Senator here. They are judges, having a right to 
decide the law as well as the facts of the case. 

But the Senate heretofore attempted to exercise this very power in the 
case of the Panama nominations. Mr. Adams (I beg pardon, the late 
President), in his message, told us he had the power to have sent ministers 
without consulting the Senate ; but, as they were soon to be in session, he 
thought it best to delay the appointments, and consult them. A resolu- 
tion was submitted denying this claimed power, and a long discussion 
ensued. If we contested this claimed but unexerted power, can any one 
doubt but, if it had been exercised, we would have denied it by a resolu- 
tion if we could ? For one, I never doubted but the President honestly 
entertained the opinion expressed. 

The subject of removing the deposits had been regularly brought before 
the Senate by the report of the Secretary of the Treasury. It was one on 
which we had a right to legislate. We had a right to know why it was 
done, and how it was done, to either approve or disapprove ; to legislate 
upon it : to direct the money to be returned, or to be kept anywhere else ; 
in short, to approve or disapprove what had been done. 

We could have thanked the executive for his prompt attention to the 
public interest ; for his efficiency in displacing one Secretary, who would 
not remove the money, and appointing another who would. Why, then, 
had the Senate no power to say that, in doing these things, he trans- 
cended his power ? To me it appears they had constitutionally the power 
to pass the resolution. But it then was, and yet is, my opinion that, in 
exercising this power, the Senate themselves erred when they resolved 
that he had assumed powers not conferred. I believed he had the power 
to remove the Secretary, and to do every other act then attributed to 
him, if he believed a proper case was made out for its exercise. Am I 
to be told by Senators who voted for the resolution that I committed a 
crime when I voted against them ? I hope not. Nor am I at liberty to 



EXPUNGING RESOLUTIONS. 195 

say they committed a crime when they disagreed in opinion with me. 
This is everything the resolution charges the President with. He thought 
he had the power which he exercised ; a majority of the Senate thought 
he had not, and so expressed themselves in the resolution, not question- 
ing the purity of the motives from which he acted. By doing so they 
did not assume any power not conferred on them by the Constitution. 

In Great Britain the House of Lords acts as a court. A writ of errors 
lies there to remove a cause from the Court of King's Bench. Suppose a 
cause thus removed, and the judgment reversed, because the judges had 
assumed powers they did not possess; if they were afterwards impeached 
for so deciding, because they were bribed, could not the peers try the im- 
peachment ? Undoubtedly they could. I cannot vote to expunge or deface 
our journal, because I think the Constitution forbids it. I cannot assign 
as a reason for either expunging or rescinding the resolution that the 
Senate had no power to adopt it, because I do not think so ; and because 
I think it of the last importance we should retain with the Senate those 
powers vested in it for high and important purposes, and which are, or 
may be, essential to preserve the liberty of the people ; but most willingly 
can I vote to rescind, reverse, and repeal the resolution ; because I think 
that the Senate erred in adopting it. To say the least, there are doubts 
of our power to expunge : and no one, I think, ought to be certain the 
Senate had no power to adopt the resolution. "Why, then, shall we cling 
to the word " expunge,'' and to this reason, when there is a plain course 
to pursue, in which what is due to the Chief Magistrate and to ourselves 
can be accomplished. To me, the reason is obvious. To expunge has 
become an executive measure. It is now the watchword of a party ; and, 
by its use, those are to be hunted down who will not conform to the 
will of the party. In March, 1834, when the resolution was adopted, a 
majority of the Senate was opposed to the Chief Magistrate. His long 
and valuable services have endeared him to the American people. They 
are sensitive as to everything which can affect his reputation as a man or 
as an officer. 

My opinion had been expressed, and was well known; I believe it con- 
forms to the opinion of my State and its legislature ; and I hold myself 
especially bound to endeavor to have it effected by the adoption of the 
resolution which I have submitted. Those who believe that either I or 
the people of my State are opponents of the Administration, mistake our 
character. Our politics are as they have been ; we now stand on the 
same ground, advocate the same principles we did in 1828, when sustain- 
ing General Jackson to bring him into power. But we are the slave of no 
man ; and when it is attempted to ingraft on our principles a system 
which does not belong to them, I will not yield my assent, be the conse- 
quences what they may. My wish is to rescind, reverse, and repeal the 
resolution of 1834, because, in my judgment, it is erroneous, and because 



196 MEMOIR OF HUGH LAWSON WHITE. 

I believe such is the judgment of my State. To vote to expunge it, I 
cannot ; because, in my opinion, the Constitution forbids it ; and, anxi- 
ous as my constituents are to vindicate the character of the Chief Magis- 
trate, they will never require me to do so at the expense of that sacred 
instrument, which we are all under the most high and most solemn obli- 
gations to maintain inviolate. 

The objections thus made were ultimately evaded by so wording 
the resolution as to make it define the mode of performing the pro- 
posed operation ; and after a desperate resistance by the opposition, 
which at last, in the words of Mr. Webster, as recorded by Mr. Ben- 
ton in his " Thirty Years' View," had " degenerated into a question of 
nerves and muscles," the expunging resolution was passed, March 1 6th 
1837. Upon that day the secretary, in the presence of the Senate, 
produced the original journal, and (in the words of the resolution) 
" having drawn a square of broad, black lines around the ' obnoxious 
censuring resolution,' wrote across its face in strong letters these 
words: ' Expunged by order of the Senate, this 16th day of March, 

iss 1 ?.'" 



CHAPTER XI. 

SENATORIAL CAREER ABOLITION PUBLIC LAND DISTRIBUTION SUB- 
TREASURY TARIFF DEMEANOR BUSINESS HABITS SURNAME. 

Upon the disturbing question of slavery, which has since grown 
so portentously in importance, Judge White's sentiments were loyal 
to those of his native State, and were characterized by the solidity 
and prudence which were such important elements in his character. 
These sentiments he expressed March 2d, 1836, upon occasion of the 
presentation of one of the petitions then so frequently presented by 
some northern members for the abolition of slavery within the Dis- 
trict of Columbia. Upon that occasion he spoke as follows : 

Mr. President : I address you under the solemn conviction that if 
this government is to continue to accomplish the great purposes for 
which it was established, it can only be, by administering it in the same 
spirit in which it was created. 

When the Constitution was framed, the great and leading interests of 
the whole country were considered, and in the spirit of liberality and 
compromise were adjusted and settled. 

They were settled upon principles that ought to remain undisturbed 
so long as the Constitution lasts, which I hope will be for ever ; for 
although liberty may be preferable to the Union, yet I think the Union 
is indispensable to the security of liberty. At the formation of the 
Constitution, slavery existed in many of the States ; it was one of the 
prominent interests that was then settled. It, in all its domestic bear- 
ings, was left, exclusively to the respective States, to do with, as they 
might think best, without any interference on the part of the federal 
government. This, it is admitted, by every gentleman who has 
addressed you, is now the case, in every slaveholding State ; therefore, 
it is only urged that Congress has the power to abolish slavery in the 
District of Columbia. It should never be forgotten that when the Con- 
stitution was formed and adopted, what is now the District of Columbia, 
was then comprehended within two of the slaveholding States, Mary- 
land and Virginia. 

19T 



198 MEMOIR OF HUGH LAWSON "WHITE. 

Suppose when all the details of the Constitution had heen adjusted, it 
had been foreseen, that the District of Columbia would be formed out of 
a tract of country ceded by those States, and situated in the centre 
between them, it had been asked of the members of the convention, 
what do you intend as to the district ? You have placed the question of 
slavery in the States, entirely under their control within their respective 
limits, do you intend that Congress shall have the power to abolish 
slavery in the district ? "Would not every man have answered in the 
negative ? 

It has been said that when petitions to abolish slavery are presented 
to either House of Congress, those who demand the question whether 
they shall be received, and thus produce discussion, are agitators, and 
produce excitement on this delicate subject. To me it seems this is 
unfair. Let us for a moment consider the circumstances of the country, 
and the situation in which we are all placed. 

There are twenty-four States, several Territories, and this District. 
Thirteen of these States have no slaves, the other eleven have slaves ; 
in fact, their slaves constitute a large item of all the property they own. 
During the past year, it has so happened, that many newspapers, 
pamphlets, and pictorial representations made their appearance, and 
through the mail, and by other means, extensively circulated in the 
slaveholding States. By these means, a spirit of discontent was created, 
which occasioned much excitement and disorder in various places, and 
rendered it necessary, in a summary manner, to put to death several 
white persons, and a number of slaves. In various quarters of the 
Union there were assemblages of people, who expressed their opinions 
with great freedom. In the course of the fall and winter, many of the 
State Legislatures have been in session — they have been addressed on 
this subject by their respective governors. They have expressed pub- 
licly their opinions — the President, in his message, has invited the 
attention of Congress to it — the Senate has referred that part of the 
message to a special committee, which has made a lengthy report, 
accompanied by a bill, which is now upon our docket, and must, in due 
course, be discussed, and either passed or rejected. Are all these to be 
called agitators, and charged with unnecessarily producing excitement ? 
If not, how is it that members of Congress are to be thus charged when 
petitions are presented that we must in some mode dispose of? Each 
of us must suggest such mode as we think most correct, and none can 
justly be liable to any such charge. If there is any wrong, it is found in 
those, who, in such a state of public feeling, will press their petitions 
upon us. The petitions are forwarded to members who feel it their 
duty to present them; when presented, others think it their duty to 
demand the question whether they shall be received. Is it true that on 
this delicate subject, every officer of the federal or State government, 



ABOLITION PETITIONS. 199 

can express his opinion, as to what it is best to do, and that a senator 
dare not express his opinion without being liable to censure ? I hope not. 

This is a delicate subject : would to God it had not been pressed upon 
us ; but as it is placed here by the petitioners, we must dispose of it. 
To enable us to do so, we must think upon it, and we may tell each 
other what we think, and our reasons for so thinking. 

It is not by speaking upon it we will be likely to do mischief. Every- 
thing depends upon the temper with which we express our opinions, and 
the sentiments we advance. My wish and aim is, if I can do no good, to 
do no harm, and if I believed in what I propose to say, I would utter a 
sentiment from which mischief would be produced, I would close my 
lips, take my seat, and content myself with yea or nay, to every question 
proposed by others, leaving every person at liberty to conjecture the 
reasons for my votes ; but entertaining no fear of that kind, I must ask 
permission to state, as briefly as I can, some of the reasons for the course 
I shall pursue. 

In doing this, I shall not address myself to senators coming from 
either the East, or the West, the North, or the South, in particular, but 
to the Senate, the whole Senate, because if it is desired, as I believe it is, 
that we should remain together as one people, secure, prosperous, happy 
and contented, the whole country, every section of it has a deep interest 
in this matter, this agitation and excitement must cease. 

"What then ought we to do, as most likely to put an end to those 
angry feelings which now prevail. 

In my opinion, we should refuse to receive these petitions. It is a 
mere question of expediency what disposition we shall make of them. 
All who have yet spoken admit that Congress has no power whatever 
over slavery in the respective States. It is settled. Whether slavery is 
right or wrong, we have now no power to consider or discuss. Suppose, 
then, a petition were presented, to abolish slavery in the States, would 
we receive it ? Assuredly we ought not, because it would be asking us 
to act upon a subject over which we have no power. 

But these are petitions asking Congress to abolish slavery in this dis- 
trict. Have we the power? I think not. I consider the argument of 
the honorable senator from Virginia (Mr. Leigh), upon that point, con- 
clusive. It has not beeen answered, and I do not believe it can be. 
Slaves are property in this district — Congress cannot take private 
property, even for public use, without making just compensation to the 
owner. No fund is provided by the Constitution to pay for slaves 
which may be liberated, and the Constitution never gives Congress the 
power to act upon any subject, without, at the same time, furnishing 
the means for its accomplishment. To liberate slaves is not taking them 
for public use. It is declaring that neither individuals nor the public 
shall use them. I will not weaken the honorable member's argument by 
going over it. 



200 MEMOIR OF HUGH LAWSON WHITE. 

This district was intended as the place -where the great business of 
the nation should be transacted for the good of the whole. Congress, 
under the Constitution, is placed here to legislate upon those subjects 
enumerated and specified in the Constitution, that we might be able to 
protect ourselves, and the officers residing here, and be out of the reach 
of the laws of any State. It was never intended that we should have 
any local legislation, except such as would meet the wants and the 
wishes of the people residing within the ten miles square. We should 
never permit this place to be converted into a political workshop, where 
plans would be devised, or carried into operation, that will have the 
effect of destroying the interest of any of the States. 

Members of Congress, executive, and judicial officers, were to come from 
any, and every section of the Union. From the slaveholding, and the 
non-slaveholding States ; and their property was to be as secure here, in 
this ten miles square, as it was in the States from which they respectively 
came. They would bring their habits and their domestic servants with 
them. Those from the non-slaveholding States their hired servants, and 
those from the slaveholding States their slaves ; and who can believe it 
was intended to vest the power in Congress to liberate them if brought 
within the district. 

Again, the right of property in slaves in the States is sacred, and be- 
yond the power of Congress to interfere with, in any respect ; yet, if it be 
conceded that we have the power to liberate them in the district, we can 
as effectually ruin the owners as if we had the power to liberate slaves in 
the States. By abolishing slavery here, we not only make a place of re- 
fuge for runaways, but we produce a spirit of discontent and rebellion in 
the minds of slaves in the neighboring States, which will soon spread 
over all, and which cannot fail to compel owners to destroy their own 
slaves, to preserve their own lives, and those of their wives and children. 
I beseech gentlemen to look at this matter as it is. Take for illustration 
the case of a small planter in Mississippi, living on his own land, with 
thirty slaves to cultivate it. Suddenly it is discovered that one half of 
them is concerned in a plot to destroy the lives of their master, his fam- 
ily, and neighbors, with a view to produce their freedom, and immedi- 
ately with or without law they are tucked up and hanged. The man is 
thus deprived of his property without any chance for an indemnity, besides 
the disquiet and anxiety of mind occasioned by a loss of confidence in his 
remaining slaves. It cannot have been intended that Congress by acting 
on this subject, should have a power thus to occasion a destruction of 
slave property. 

To me it seems that we ought to treat these petitions precisely as we 
would do, if they prayed us to abolish slavery in one of the States. We 
have no more power to abolish it here than we have there. 

I think in either case we ought to refuse to receive them. I hold that 
if the petitioners ask us to do that which we have no power to do, or to 



ABOLITION PETITIONS. 201 

do that which will be productive of a great and lasting mischief, we not 
only have the right, but that it is our duty to refuse to receive them. 

By the Constitution no man can be held to answer for a criminal charge 
but by presentment, or indictment. Suppose a petition presented here, al- 
leging that some citizen in the district had been guilty of a crime, and that 
he was so influential that he could not be reached by the ordinary forms 
of law in court, and therefore we are asked to pass a bill of attainder. 
Ought we to receive the petition ? Suppose a petition to ask us to pass a 
law to prohibit any member of this body from making a speech against 
the prayer of the petitioners, would we receive it ? Suppose a petition 
to be offered asking us to establish a particular religion in this district, or 
to prohibit any publication in a newspaper on the subject of abolishing 
slavery, unless it was previously approved of by a committee ; would 
we, ought we, to receive any such petition ? I think, most certainly, we 
ought not. But suppose we have the power, is there any senator who 
believes we ought exercise it. I trust not. Those who urge the recep- 
tion of this petition, which is from the Society of Friends, have spoken 
most highly of the petitioners and the class of citizens to which they 
belong. In all this I cheerfully concur. These particular persons are 
strangers to me. I doubt not the purity of their motives ; the sect to 
which they belong is worthy of all the encomiums passed upon it. I 
respect and esteem them most highly, and do not feel that in my compo- 
sition there is a particle of unkindness towards them ; but I think they 
would have us do that which we have no power to do, and if we had the 
power, by exercising it, we should do infinite mischief. This, these peti- 
tioners do not desire. They have discharged what they think is their 
duty by having their petitions presented ; I only discharge mine when I 
say, consistently with what I feel to be my duty, I cannot receive them. 
But it is further insisted, that the right of petition is a sacred one, that 
belongs to the nature of free government, and existed before the forma- 
tion of our Constitution, and that instrument did not give the right to 
petition, but intended only to secure it. This is sound doctrine, and has 
my hearty assent. 

The people are sovereign ; members are their agents, or servants ; they 
have a right to make known their grievances, real or imaginary. "We 
can pass no law, we can make no rule to abridge or destroy that right. 

But what do gentlemen mean when they speak of the right of peti- 
tion ? Do they mean that when the petition is presented we must receive 
it, and do that which is prayed for? No. Not one member contended 
for this ; so far from it, they say, that if the language of the petitioner is 
disrespectful to the lody, or any member of it, we may, and ought to 
refuse to receive it. 

How is this ? I beg that we may reflect seriously upon this matter. 
We are about to establish a doctrine to which I can never yield my assent. 



202 MEMOIR OF HUGH LAWSON WHITE. 

Are we to be exalted above our employers ? Is our dignity to be of bigber 
consideration tban the property and lives of those who send us here ? If 
a petition contains matter charging disgraceful conduct on the Senate, or 
any of its members, we may not receive it; but if it contains matter which 
is to destroy the slave property in this district, and in eleven States of this 
Union, and also to endanger the lives, and dwellings of every citizen within 
their limits, we are bound to receive it? 

This is the doctrine contained in the arguments. I deny that there is 
any such distinction to be found in a single feature of our political insti- 
tutions. The truth is, we have the power in both instances to refuse to 
receive the petitions, but in exercising it when we ourselves only are as- 
sailed, we ought always to act most liberally in receiving, but where the 
safety, the lives and the property of our masters are concerned, we have 
no right to exercise the same liberality. 

With great deference for the opinions of others, I think the force of 
their whole argument rests on a plain mistake. 

They argue as if we never became acquainted with the contents of a 
petition, or could consider and decide upon its merits until after it is 
received. 

This is most clearly not correct. "What we have been doing for the 
last few weeks is full proof of it. These petitions have been publicly 
read, their merits and tendency, and our powers to abolish slavery have 
been long under discussion — has any man denied our right to do so ? Not 
one. The only doubt suggested is, whether it was prudent to adopt this 
course. 

By our 24th rule, when a petition is presented the member must briefly 
state its contents, and what the petitioners wish should be done. He 
then asks that the petition may be received, and specifies what he wishes 
to be done with it after it is received. If no member objects, for the pur- 
pose of saving time, it is received and disposed of without formally pro- 
pounding the question of reception ; but if any member objects, he may 
call for the reading, and then urge his reasons why it should not be 
received. 

This rule establishes no new doctrine, it is founded in good seuse, is 
perfectly consistent with the right of petition, and is laid down as the 
correct practice by Mr. Jefferson in his Manual at page 140. 

What is the right of the petitioner? It consists in his having free per- 
mission to make known to Congress what he esteems a grievance, and to 
ask them to provide a remedy. When his petition is presented, the duty 
of Congress commences. That consists in the members making them- 
selves acquainted with the contents of the petition, and granting its prayer 
if it be just and consistent with the public interest, or in refusing to 
receive the petition, or making some other disposition of it, which in 
their judgment will more conduce to the good of the community. 



ABOLITION PETITIONS. 203 

When we refuse to receive a petition, we no more destroy or impair 
the right of petition, than we do when we receive the petition and lay it 
upon the table, or reject the prayer of it, or refer it to a committee who 
report that it is unreasonable, and ought not to be granted. 

In each of these cases, the complaint of the petitioner has been heard, 
considered and decided on. In neither instance has he obtained a redress 
for what he supposed a grievance, but each leaves him equally at liberty 
to renew his petition at any subsequent period. 

Four modes have been suggested by which to dispose of this and all 
others on the same subject. 

The first we have been considering, and is to refuse to receive it. 

The second is to receive them, lay them on the table, and there let 
them lie. 

The third is to receive them, and then instantly reject the prayer of 
the petitioners. 

The fourth is to receive them, refer them to a committee, and let that 
committee make a report upon them. 

I prefer the first, because, when we refuse to receive the petitions, they 
are returned to those who sent them, and it will most strongly discoun- 
tenance all hope that Congress ever can, or ever ought, to pass any law 
upon the subject to which they refer. 

In each of the other three, we retain the petitions, place them on our 
files in the custody of our officer, and at any subsequent session they are 
here, and it will be competent for any member to move their reference 
to a committee; whereas, if returned to the petitioner, if they ever 
again make their appearance, it must be by their being re-sent and 
re-presented. 

I think that plan is the most advisable, and will be most likely to calm 
the disturbance in the slave States, which will most strongly manifest to 
all, in every quarter, that Congress will not interfere with slavery as it 
exists in the States and in this district. 

If these petitions are received, I then think the disposition of them 
proposed by the senator from Pennsylvania the next best — that is, 
immediately to reject their prayer. This would be far preferable to lay- 
ing them silently on the table without expressing any opinion whatever. 

There is another aspect in which this question may be viewed that has 
had great influence on my own mind. 

Congress sits here as the legislature of the whole Union, and also as the 
only legislature for the local concerns of the District of Columbia. 
These petitions do not ask us to make a general law, operating throughout 
the whole Union, but a law, the operations of which are to be spent entirely 
upon property within the ten miles square. Now if we were in form, 
as well as in substance, a local legislature when acting on this question, 
which gentlemen say is to affect slavery in the district, and no 



204 MEMOIK OF HUGH LAWSON WHITE. 

where else, would we be bound to receive these petitions ? "No more 
than we are bound to receive petitions from France or Germany. "Would 
gentlemen, if sitting as members of the legislature of Alabama, feel 
bound to receive petitions from citizens of Maine or Pennsylvania to 
emancipate slaves within their own State ? Assuredly not. If that be 
so, is it not most reasonable, when we are called upon to pass an act con- 
fined exclusively to this district, that we should conduct towards the 
people here, as if in this matter they were our constituents ? 

"Will it not be time enough to receive petitions on this subject when 
they are presented on behalf of those upon whose property alone, it is 
said the law would operate? 

Honorable senators have told us there are two classes of aboli- 
tionists, and that public opinion will soon put down the mischievous 
class, which is small in number. Gentlemen, I doubt not, think as they 
say. All we know is, that our peace has been very much disturbed by 
them, whether few or many. 

Their newspapers, their pamphlets and pictorial representations have 
been plentiful. They have come to us through the mail, and by other 
means, in great abundance, and if we are to live together as one people, 
they must stop. It is vain to reason with people about the liberty of 
speech, and of the press, when their lives are put at hazard. "When the 
domestic circle is invaded, when a man is afraid to eat his provisions, lest 
his cook has been prevailed on to mix poison with his food, or dare not 
go to sleep, lest the servants will cut the throats of himself, his wife and 
children before he awakes, he will not endure it ; and, when he can lay 
hands upon those who prompt to such deeds of mischief, he will not wait 
for the ordinary form of law to redress him. He takes the laws into his 
own hands, and everything which accustoms us to violate the law, is a 
serious evil in a country as free as ours, where the laws should govern. 

The honorable senator from Mississippi has shown us something of the 
feelings of his State, which has suffered much. In mine, when we first 
heard of punishing persons in Mississippi, without legal trial, we thought 
it all wrong, and some of our leading newspapers courteously found fault 
with it. Their columns were not long dry until one of these distributers 
of abolition pamphlets was found in our most populous and respectable 
city, and an assemblage of our most orderly and discreet citizens immedi- 
ately resorted for address to the same summary process which had been 
used in our sister State. 

Public opinion may have done something on this subject. I know of only 
one attempt to establish a press for such publications in any slaveholding 
State. The neighbors of the gentleman informed him that his press 
would be productive of mischief, and he must not establish it in their 
town — he answered that he held it a high duty which he could not dis- 
pense with, to proceed, and he would do so. They replied if he did they 



PUBLIC LANDS FOK ACTUAL SETTLERS. 205 

■would consider it their duty to demolish his building, and sow his types 
broad-cast in the streets. This manifestation of public opinion he 
respected. He knew that those with whom he had to deal would keep 
their word. He desisted, retired to a neighboring State, where, as I have 
understood, he is now publishing his paper. 

I beg gentlemen to consider that it is of no consequence to us whether 
the abolitionists, in their States, are many or few ; their publications are 
numerous ; they have already produced much mischief, and if persisted in, 
must end in consequences to be for ever regretted by us all. 

For myself, on the subject of the disposition we may make of these 
petitions, I can have no other wish than that it may be such, as will most 
tend to allay excitement, and restore that harmony, which is so essential 
to the common interest of our whole country. 

When Mr. Clay's bill for the distribution of the proceeds of the 
Public Lands was first presented, Judge White voted against it, for 
the plain reason that the treasury was comparatively empty, and the 
nation in debt. When it was subsequently presented, the treasury 
was full to overflowing, and he voted for it ; sustaining it in a speech 
worthy of his reputation, in which he maintained that the surplus in 
the treasury had been gathered by taxation from the people, and that 
it was but just that it should now be distributed for their benefit. 
He also forcibly exhibited the vices of the various other plans for the 
use of the same funds ; and took occasion to urge the adoption of 
measures substantially identical with those at present urged for facili- 
tating the purchase of land by actual settlers upon it. This well- 
considered and valuable speech, delivered April 26, 1836, is as follows : 

Mr. President : The subject under consideration is not new, but the 
circumstances connected with it are both novel and important. 

Formerly we were in debt, and had no money in the treasury, which 
we could not conveniently use. Now we owe nothing, and have an 
overflowing treasury. The common wants for an economical adminis- 
tration of the government, will require but a small portion of our vast 
and accumulating treasure ; and the question is, what disposition shall 
we make of the surplus. 

Several projects have been presented. An increase of the Army, of the 
Navy, additional fortifications, and munitions of War, is one plan. An- 
other is to put the funds in the power of the Commissioners of the Sinking 
Fund, and let them vest them in stocks, which will add to our wealth. 
A third is, to form contracts with incorporated railroad companies, for 
transporting the mail, your warlike stores, and your armies. And the 



206 MEMOIR OF HUGH LAWSON "WHITE. 

fourth is that presented by this bill, which is to distribute the proceeds 
of the public lands among the several States. 

In forming an opinion upon this subject I find myself compelled to 
form some opinion on each of the others also, that I may be able to de- 
cide which ought be preferred. 

But the first question to be settled is one of power. 

If we have no power to dispose of this money, as this bill proposes, it 
is only a waste of time to pursue the subject any farther. 

Some of our enlightened public men, years past, foresaw difficulties, 
which would, in time, originate from surpluses accumulating in the trea- 
sury, and suggested this very plan for disposing of them. Some doubted 
the power under the Constitution, and suggested an amendment to remove 
the doubt ; others felt no doubts, therefore did not deem any amendment 
necessary. All, however, seem to have concurred in the fairness and 
justice of this disposition of such funds, as might not be needed, for the 
uses of the federal government. 

If I mistake not, Mr. Jefferson, while President, made a suggestion to 
Congress on this subject. 

Ten years ago an honorable senator, from New Jersey, now Secretary 
of the Navy, and I do him the justice to add, then, as well as now, a 
zealous friend of the present Chief Magistrate, moved in tbis body on 
this subject, had a committee created, made an able, detailed report, 
accompanied by a bill, which was not finally acted on during the session. 

To do that gentleman justice I must recur to this report, and read such 
parts of it as are material, that we may have the benefit of his opinion as 
enforced by himself. It is found in the 4th vol. of the Senate Documents 
at the session 1825 and 1826 : doc. 95, page 1 ; and is in tbese words : 

The Committee, from as careful an examination of the subject, as a due attention to their 
other duties would permit them to make, have come to the conclusion that great advantages 
would result to the United States from an annual distribution among them, by some equitable 
ratio, of a portion of our national revenue, for the purposes of education and internal improve- 
ment, or for such other purposes as the State governments may respectively deem most to their 
advantage. Whether the United States shall divide the whole of their revenues, beyond what 
are required for the usual expenditures of the government, domestic and foreign, civil, military, 
and naval, to the reduction of our public debt, until the whole of it shall be extinguished; or 
whether they shall apply a portion of those revenues, as proposed for the most important pur- 
poses, and thereby cause a more gradual reduction of the public debt, resolves itself into a 
question of expediency. 

It remains for Congress to determine which of these courses will most effectually promote 
the present, as well as the future, prosperity of the country. There can be no doubt, that money 
distributed among the States as proposed, would be invested in a way to give much greater 
profit, than the interest on such money would yield at three, four and a half, or even five per 
cent, which are the rates of interest now paid on the greater part of our public debt. 

As a large portion of this debt is payable to persons in Europe, to discharge it as fast as our 
means would permit, would be to send from the country sooner than necessary, funds that are 
wanted at home ; the inconvenience of which would be sensibly felt in the present embarrassed 
state of our money market, and most probably, for several years to come. 

Money distributed as proposed, would give new activity to industry and enterprise in all 
the States; and WiaX equally aQ d sinndtaneoubly. 



PUBLIC LANDS FOR ACTUAL SETTLERS. 207 

It would create a Yigilance on the part of the State governments, over the expenditures of 
the general government, and thereby prevent the waste of money, and the adoption of extra- 
vagant measures, that might diminish the amount of the annual dividends. 

It would secure impartial justice to all the Stales in the distribution of the expenditures of 
our revenue, a failure in which at present is a subject of loud and just complaint. 

It would relieve the general government of the serious inconvenience of an overflowing 
treasury, which, if not provided for in the manner proposed, or by a reduction of our revenue, 
will impair the most important principles of our Constitution. 

It would relieve the two Houses of Congress of a large portion of legislation, now devoted to 
the disposal of our surplus funds — legislation of the worst kind, calculated to produce combi- 
nations, sectional feelings, injustice and waste of the public treasure. 

It would transfer to the States, the regulation of expenditures for internal improvements by 
roads and canals, which if retained and exercised by the general government, contrary, as is 
believed by many, to the letter and spirit of our Constitution, will, in time, so far decrease the 
powers of the State governments, and increase those of the United States government, as to 
destroy the federative principle of our Union, and convert our system of confederated republics 
into a consolidated government. 

It would remove the cause of the great and increasing difficulties arising from an objection, 
on constitutional grounds, to the exercise of the right claimed on the part of the United States, 
of making roads and canals through the different States of the Union. It would enable the 
general government to keep in operation an efficient system of finance and revenue with ad- 
vantage to the States. And should the exigencies of the country require the application of all 
our means to some object connected with our national peace and prosperity, those means could 
soon be brought into operation, by suspending, for a time, the dividends to the States. By this 
our treasury would be filled without a sudden resort to new taxes, which might be oppressive 
to agriculture, and which might create much inconvenience by interrupting the pursuits and 
industry of our citizens. 

Money collected from the sources which now give us our revenues and distributed among 
the States as proposed, would produce a rapid and profitable circulation of our funds, from the 
centre to the extremities of the Union, and thus add to the force of the moneyed capital of the 
country. 

It will here be remarked, no doubt was felt or expressed, as to power 
to distribute every portion of the revenue, which could be spared, and a 
plan was recommended for adoption immediately, although we then owed 
a large debt, bearing various rates of interest from three up to six per 
centum. 

Next in the order of time, is the message of the present Chief Magis- 
trate at the commencement of the session of Congress in 1829, found in 
the Senate Journal, pages 13 and 14. That part of it which is material, 
is in these words : 

After the extinction of the public debt it is not probable that any adjustment of the tariff, upon 
principles satisfactory to the people of the Union, will, until a remote period, if ever, leave the 
government without a considerable surplus in the treasury, beyond what may be necessary 
for its current service. As then the period approaches when the application of the revenue 
to the payment of debt will cease, the disposition of the surplus will present a subject for the 
serious deliberation of Congress, and it may be fortunate for the country that it is yet to be 
decided. Considered in connection with the difficulties which have heretofore attended appropria- 
tions for purposes of internal improvement, and with those which this experience tells us will 
certainly arise, whenever power over such subjects may be exercised by the general govern- 
ment, it is hoped that it may lead to the adoption of some plan, which will reconcile the diver- 
sified interests of the States, and strengthen the bonds which unite them. Every member of 
the Union, in peace and in war, will be benefited by the improvement of inland navigation, 
and the construction of highways in the several States. Let us then endeavor to attain this 



208 MEMOIR OF HUGH LAWSON WHITE. 

benefit in a mode which will be satisfactory to all. That hitherto adopted has, by many of our 
fellow-citizens, been deprecated as an infraction of the Constitution; while, by others, it has 
been avowed inexpedient. All feel that it has been employed at the expense of harmony in 
the legislative councils. 

To avoid these evils, it appears to me that the most, safe, just and federal disposition, which 
could be made of the surplus revenue, would be its apportionment among the several States ac- 
cording to their ratio of representation — and should this measure not be found warranted by 
the Constitution, that it would be expedient to propose to the States an amendment authorizing 
it. I regard an appeal to the source of power, in cases of real doubt, and when its exercise is 
deemed indispensable to the general welfare, as among the most sacred of all our obligations. 
Upon this country, more than any other, has, in the providence of God, been cast the special 
guardianship of the great principle of adherence to written Constitutions. If it fail here, all 
hope in regard to it will be extinguished. That this was intended to be a government of 
limited and specific, and not general, powers, must be admitted by all; and it is our duty to 
preserve for it the character intended by its framers. If experience points out the necessity 
for an enlargement of these powers, let us apply for it to those for whose benefit it is to be 
exercised ; and not undermine the whole system by a resort to overstrained constructions. 

It will be perceived that in these two short paragraphs, the justice and 
utility of distributing these surplus funds, are presented to the mind, in 
language as clear, distinct, and forcible, as can well be employed. 

It was not necessary to his purpose, and therefore he did not examine 
the question whether the powers of Congress over the moneys arising 
from the 2)uWic lands, were as limited as those possessed over moneys 
derived from taxes, and he contents himself with the expression of a 
general doubt on the question of power, and recommends an amendment 
of the Constitution to remove it. 

At the session of 1831 and 1832, this subject is introduced into the 
report of Mr. McLane, then Secretary of the Treasury, and afterwards 
Secretary of State. What he says will be found in the Senate Documents, 
vol. 1, doc. 3, page 12 — and is in these words: 

The sources from which the revenue has hitherto been derived, are the imports, public lands, 
and bank dividends. With the sales of the bank stock the latter will cease; and as the 
imports, according to any scale of duties which it will be expedient and practicable to adopt, 
will be " amply sufficient" to meet all the expenditures, that portion of the revenue heretofore 
drawn from the sale of the public lands maybe dispensed with, should Congress see fit to do so. 

On this point, the undersigned deems it proper to observe, that the creation of numerous 
States throughout the Western country, now forming a most important part of the Union, and 
the relative powers claimed and exercised by Congress and the respective States over the public 
lands, have been gradually accumulating causes of inquietude and difficulty, if not of com- 
plaint. It may well deserve consideration, therefore, whether, at a period demanding an ami- 
cable and permanent adjustment of the various subjects which now agitate the public mind, 
these may not be advantageously disposed of, in common with the others, and upon principles 
just and satisfactory to all parts of the Union. 

It must be admitted that the public lands were ceded by the States, or subsequently acquired 
by the United States, for the common benefit, and that "each State has an interest in their 
proceeds, of which it cannot justly be deprived." Over this part of the public property, the 
powers of the general government have been uniformly supposed to have a peculiarly extensive 
scope, and have been construed to authorize their application to purposes of education and 
improvement, to which other branches of revenue were not deemed applicable. It is not prac- 
ticable to keep the public lands out of the market, and the present mode of disposing of them is 
not the most profitable, either to the general government, or to the States, and must be 



PUBLIC LANDS FOK ACTUAL SETTLERS. 209 

expected, when the proceeds shall be no longer required for the public debt, to give rise to new 
and more serious objections. 

Under these circumstances, it is submitted to the wisdom of Congress, to decide upon the 
propriety of all the public lands in the aggregate, to those States within whose territorial limits 
they lie, at a fair price, to be settled in such manner as might be satisfactory to all. The aggre- 
gate price of the whole "may then be apportioned among the several States of the Union," 
according to such equitable ratio as may be consistent with the objects of the original session, 
and the proportion of each paid. 

The vigorous and discriminating mind of this highly gifted and useful 
man, at once recognizes as sound, a distinction in the powers of Congress 
over moneys derived from a disposition of the public lands, and those 
powers which that body may be supposed to possess over moneys derived 
from other sources, and he strongly urges the necessity and propriety of 
a distribution among the States. 

It is fortunate that we are not yet placed in circumstances which make 
it essential to decide whether we have a power to divide all surplus reve- 
nue, no matter from what source derived. 

I profess to be what is called a strict constructionist of the Constitu- 
tion, and that our power to appropriate money is necessarily confined to 
appropriations, to effect some object upon which Congress is expressly 
empowered to legislate, or some necessary and appropriate means to effect 
such enumerated objects. Still I never have been satisfied we do not pos- 
sess the power to distribute surplus revenue, if it is believed wise to do so. 

No just government will take, either by direct or indirect taxes, more 
money than is necessary to defray all the reasonable expenses of the 
government. When taxes are imposed either directly, or by an assess- 
ment of duties, it cannot be foretold precisely how much will be wanted, 
or how much will be received, in the treasury. "We must necessarily act 
upon estimates. To some extent, we shall be mistaken. Foreseeing this, 
and for the sake of collecting what will be certainly sufficient, we shall 
almost invariably collect more than is necessary. In a series of years, 
these accumulating balances will amount to a sum too large to remain 
locked up and entirely useless. What then is to be done ? We surely 
are not at liberty to devise some wasteful and mischievous project, merely 
to use the money. 

It came into the treasury by mistake — mistakes which, in the nature 
of things, could not be avoided. Have we no power to correct them 
when discovered ? Is not the power to refund the money a necessary 
result from the power to assess and collect it ? 

Is not this a power which Congress has always exercised, and must 
exercise, as to individuals? 

By mistake, our officers collect and place in the treasury, money which 
ought not to have been collected; the mistake is discovered, and the indi- 
vidual calls on Congress for redress. We pass a law to refund the money. 
Where do we get power to do this? There is no express grant of 

H » 



210 MEMOES OF HUGH LAWSON WHITE. 

any such power ; but it results from the very nature of the relation 
which exists between tbe payer and receiver. The latter must always 
have power to act justly, to act honestly, and whenever he finds he has 
money through mistake, he would seem to have power to return it. But 
I do not intend to express any opinion on this point, or to prolong a dis- 
cussion, by introducing important topics, not necessary to our action on 
this bill. All I intended, was to state, for myself, that should it ever 
become necessary to discuss the general subject of our power to distribute 
the whole surplus, no matter from what source derived, for one, I think 
it well worth a careful and deliberate consideration, before it is either 
affirmed or denied ; and I most heartily concur in the sound doctrine of 
the President, that we ought not to act, when there is a reasonable doubt 
of our power. 

The question which we must now decide is, whether we have power to 
do that, which all admit, it is perfectly just we should do, if we have the 
power — distribute the proceeds of the sales of the public lands. 

The following considerations have satisfied my own mind, and they are 
respectfully submitted for the reflection of others. Our public lands 
were acquired by the United States, by deeds of cessions from several 
individual States, and by the purchase of Louisiana and Florida, which 
were paid for by moneys derived from the lands which had been ceded by 
individual States. 

The most important cession was made by the State of Virginia, in the 
year 1784, and that part of the cession material to our present purpose, is 
in the following words : 

That all the lands within the territory so ceded to the United States, and not reserved for, 
or appropriated to any of the before-mentioned purposes, or disposed of in bounties to the 
officers and soldiers of the American army, shall be considered as a " common fund" for the 
use and benefit of such of the United States as have become, or " shall " become, members of 
the confederation, or federal alliance of the said States, " Virginia inclusive, according to 
their usual respective proportions in the general charge and expenditure," and shall be " faith- 
fully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever." 
— Laws US. vol. i., p. 474. 

This language creates an express trust between the United States and 
each individual State. 

By it the United States stand pledged to hold these lands in trust, that 
they shall be faithfully managed, and their avails applied for the joint 
benefit of all. 

So far as it has been applied to the payment of debts due by all, the 
trust has been complied with ; but now the debts are paid, and there is a 
surplus, have we the power to give this surplus to those for whose use 
the trust was created ? 

I might ask who can doubt it ? 

Suppose the States still bound together only by the articles of confede- 



PUBLIC LANDS FOR ACTUAL SETTLERS. 211 

ration, out of money raised in its own way, and out of its own means, 
each State had paid, when called on, its regular quota for the expenses of 
the federal government, and for the payment of the national debt, and 
there was a surplus of twenty or thirty millions of dollars, for which the 
federal government had no use, would we not be bound to distribute it ? 
I say we would not only have the power to do so, but if we did not exert 
it, a court of chancery would compel us, if we could be sued. 

The very terms of the cession look to distribution. If this were not 
so, why say in the deed, that when used for the benefit of all, " Virginia" 
shall be included ? Why fix the " ratio " in which payments shall be 
made to each? If we only have power to -pay debts, and bear common 
expenses of government, with these moneys, and can do nothing else with 
them, both these regulations would have been useless. 

I take it, therefore, as too clear for a doubt, that if now connected by 
the articles of confederation only, we would have the power to distribute. 

The next question is, did the adoption of the present Constitution alter 
the rights of the parties, or take from Congress the power to comply with 
their engagement? I answer, unhesitatingly, no. 

In the 6th article of the Constitution, the first paragraph runs thus: 

All debts contracted, " and engagements entered into," before the adoption of this Constitu- 
tion, shall be as valid against the United States under this Constitution " as under the confed- 
eration." 

In the third section of the fourth article of the same instrument, this 
language is found : 

The Congress shall have power to dispose of, and make all needful rules and regulations, 
respecting the territory or other property of the United States, and nothing in this Constitu- 
tion shall be construed to prejudice any claims of the United States, or of any " particular 
State." 

Thus we find all debts contracted, and engagements entered into, before, 
were to remain unchanged, and the respective rights of the United States 
and of each individual State, were to remain precisely as if the form of 
government had not been altered, and express power is conferred to 
dispose of the public lands, and to make all needful rules and regulations 
respecting the territory or other property of the United States. 

"With these different provisions before him, who can doubt the power 
of the United States, to do that which, by accepting this trust, they 
expressly agree to do ? 

Cessions from the other States are made substantially on the same 
conditions, and liable to the same dispositions by Congress. Louisiana 
and Florida were purchased with the avails of those ceded lands, the 
trustee is the same, and that trustee holds these lands loaded with exactly 
the same burden, and is bound, if those for whose use they are holden 
desire it, to dispose of them and their proceeds in the same manner. 



212 MEMOIR OF HUGH LAWSON WHITE. 

I hold, therefore, that, be the general question of power to distribute 
the whole revenue settled as it may, there ought to be no question as to 
the power to divide moneys arising from the sales of lands. 

But it has been argued that if we have the power there is no money to 
divide. That when the amount is settled, the net gain will not exceed 
$400,000. 

To this I can never agree. The United States took this trust fund, 
and with it purchased Louisiana and Florida, and now we are told 
they have had the use of the money for nothing, and will only account for 
the principal. 

This is not the rule. If the trustee takes the trust fund and trades upon 
it, he must account to the cestuy que use, for all the profits made. 

The question in chancery would be, not what these countries cost, but 
what they are worth. 

You cannot fix a price. Louisiana and Florida! The sovereignty and 
jurisdiction over them alone, is worth more to this Union, than all the 
national debt we ever owed. 

How much duties have we collected from their ports ? How much 
have we avoided paying, by making them our own, instead of letting them 
remain foreign ports ? How many wars have we avoided by their pur- 
chase ? In short, what would you take for them ? No sum ! They are 
beyond price to the rest of the Union. 

On this part of the subject, the question with me is, not what sura we 
now have in tlie treasury, which was received for the sale of lands, but 
whether we have a sum in the treasury equal to that proposed to be dis- 
tributed, over and above all that is necessary to be appropriated to take 
care of the great interests of the country, and without debiting the 
States with the sums paid for Louisiana and Florida, because I am sure, 
upon a fair settlement, the sum due from the Union is at least equal to 
the sum which it is proposed now to distribute. 

What sum have we, and what shall we probably receive, in the course 
of the year? 

I will take round sums, disregarding fractions. 

We now have in the treasury $32,000,000 

Of this sum, the quarter ending 31st March, produced 
$11,000,000. Suppose the remaining three quarters to aver- 
age the like sum, and we will have on the 31st December, 
more by 33,000,000 

Add the value of our bank stock 7,500,000 



Estimated amount .... $72,500,000 
Deduct for falling off and deficiencies .... 5,500,000 

$67,000,000 



PUBLIC LANDS FOE ACTUAL SETTLEKS. 213 

After this liberal deduction we shall have sixty-seven millions at the end 
of the year. 

Now for expenditures : 

The ordinary wants of the government ought not to exceed $15,000,000. 
Mr. McLane, in the report of 1831, to which I have adverted, fixes upon 
that as a sum amply sufficient, and it appears to me in all conscience it 
must be enough, unless our prosperity is to drive us into most mad 
excesses. 

Let us then take this as the sum necessary for our ordi- 
nary expenses in the course of the year .... $15,000,000 

Add to this, to be distributed among the States . . 27,000,000 

These two sums amount to $42,000,000 

Take forty-two millions from sixty-seven, and we still have in the 
treasury twenty-five millions of dollars, to apply to any extraordinary 
expenditures for the army, the navy, for fortifications, or for any other 
purpose whatever. 

The army ought to be increased so much as to render secure our fron- 
tiers. The increase of our navy may be hastened to some extent ; we 
ought ultimately to have a naval force, more than able to chastise and 
drive off any foreign fleet sent to ulockade, or seriously to infest our coast. 
Larger than that we do not need, and ought not to have, if it were given 
to us. 

Fortifications are only wanted for important points, at w'. ich an enemy 
might do much mischief to public or to private property, by a sudden 
incursion. The whole coast we never can, and should never attempt to 
defend by fortifications. 

If we do, we must have a large standing army to defend them ; other- 
wise they will be applied to the protection of our enemies. 

We are told by the Secretary of War, in a document before me, that 
Old Point Comfort covers sixty-three acres of ground, and to protect it 
by an adequate force, would require several thousand men. 

We never can, we never ought to attempt to defend our whole coast, 
by so many fortifications, as will require any considerable increase of our 
army. 

If we do, in time of peace, these troops will come on days of election, 
and as they are hired to do our fighting they will do our voting likewise, 
and in a short time leave us nothing worth fortifying. 

Such defences are contrary to the spirit and genius of our government, 
and ought never to be countenanced, or tolerated to the unreasonable 
extent, which some appear now to desire. In the same document at 
pages 21, 22, from the War Department, the Secretary says, no new for- 
tification ought to be commenced until all the proposed sites are re- 
surveyed and plans devised upon a suitable scale, and recommends a board 



214 MEMOIR OF HUGH LAWSON WHITE. 

for that purpose, which will require a small appropriation of thirty 
thousand dollars. 

He also recommends experiments to be made in relation to steam, or 
movable batteries, which will require an appropriation of one hundred 
thousand dollars. 

Well then, if we concur with the Secretary, we want at present no 
appropriation for new fortifications, but these two sums equal to one 
hundred and thirty thousand dollars to defray the expenses of a board, 
and the experiments of which I have spoken. 

As to the fortifications, now in progress, let such increase be made in 
the appropriations, as can reasonably be used in the course of the year. 

As to the suggestion made that we ought, at once, to appropriate a sum 
large enough to complete the work, although it may be five or ten years 
before it can be completed, I do not think it ought to be sanctioned. It 
is unnecessarily, and for a long time, putting at hazard in the hands of 
agents, who may prove faithless, large sums of money. From year to 
year let the appropriations be made, and thus avoid all unnecessary risk. 

According to this same document, the expense necessary for ordnance 
must be comparatively trifling. "We can be much more readily supplied 
than I had imagined. 

Upon the whole I think all the reasonable demands for the army, for 
the navy, for fortifications, ordnance, and other munitions of war, can be 
supplied without making any serious impression upon that large fund 
left in the treasury, after providing for the distribution, as proposed in this 
bill. 

Allusion has been made to matters pending before us, when not acting 
as a legislature, which, if perfected, may occasion a considerable increase 
of expenditure. 

That may be so ; yet we must remember that not much of this expen- 
diture will, or can be this year, or the next, and that these very measures 
will increase our resources, if not entirely equal to our increased expendi- 
tures, very nearly so. These matters, therefore, may be laid aside. 

Another project for ridding the treasury of its surplus, is that of 
placing it in the hands of Commissioners of the Sinking Fund, and autho- 
rizing them to vest it in some secure stock, yielding a reasonable profit. 
This might do, and is probably intended as an expedient to save the 
money from loss ; but as to a mode of lessening the fund, it would be 
making bad worse, it would be devising a plan to increase our store, 
because we should expect a return of the principal and the interest pro- 
duced by it. 

But for myself, I have no idea of sending our money among stock- 
jobbers, into the market, to be higgling for bargains, which in one way 
may be very good, and in some other, very bad. Far rather would I 
prefer they should remain where they now are. 






PUBLIC LANDS FOK ACTUAL SETTLERS. 215 

The last scheme for adoption is, that from the Post Office Committee 
with the aid of steam. With the aid of this machinery, I have very little 
doubt the whole can be accomplished in a very short time. 

The whole of this, which, without intending disrespect to the Com- 
mittee, I must call artful contrivance, is neither more nor less, than the 
old system of internal improvement, with federal means, and by federal 
power, revived, and the more odious, because of the attempt at conceal- 
ment. The old system has the merit of manliness. Its friends think the 
federal government has the power, and openly avow that they will 
exercise it, because, in doing so, they promote the public interest. This 
seeks to violate the Constitution by stealth, and the contrivers of it must 
think the device is so artfully concealed, that the public can never find 
out the design. 

Now, sir, I think it perfectly proper, that where a railroad can be had, 
the Postmaster General ought to have the power to contract with the com- 
pany, to carry his mail, and I understand he has this power already; 
therefore; as to existing roads, the bill will be of no use. Lie can make 
just as good a contract without, as with, this bill. 

It can only operate on roads commenced and unfinished, or ones being 
commenced. How then will it operate? Say the road is to be one 
hundred miles long, and ten or twenty miles only finished, and the com- 
pany to need funds, they make a contract to carry the mail, and receive 
at once out of the treasury, a sum of money, the interest on which, 
yearly, will be equal to the sum paid yearly in time past, for carrying the 
mail ; with this money the company are to progress, and make another 
part of the road, then the contract will be enlarged on the same princi- 
ples, an additional sum paid, and thus the road completed. Can this be 
anything but an enlarged, masked system of internal improvement ? and 
if the charter of the company is for fifty or an hundred years, or for ever, 
your contracts are to be in the same way. To carry out this system, 
what sum would it probably cost ? No man dares to offer a conjecture. 

To enable us to have a glimpse of it, let us suppose one case. Upon a 
given route the sum paid for carrying the mail was twenty thousand 
dollars per annum. We are now to give to the company presently, and 
to be retained as long as the charter lasts, a sum which, at an interest of 
eix per cent., will produce twenty thousand dollars yearly. 

What sum would that be? No less than three hundred and thirty -three 
thousand three hundred and thirty-three dollars and one-third. 

This would be but one route, and I presume of the middling class, and 
pray what sum would it not require, to spread this system over the United 
States? 

Suppose one of those companies, directly after receiving your mone), 
to fail, and decline business, what then ? We must lose the money, or take 
the road. We take the road and employ managers, and hands enough, to 



216 MEMOIR OF HUGH LAWSON WHITE. 

carry on business, on our own account. "We should then have a little army 
of our own, moving to and fro by steam. Under such a system, we 
would be steamed out of all our money, all our character, and everything 
but a handsome addition to federal patronage. 

Adopt this plan, and my word for it, we will never have another argu- 
ment on the subject of disposing of our surplus revenue: it wiD be 
scattered to the four winds. 

As this project is brought forward by a friend of the Administration, 
it is supposed to be an Administration measure; by this I mean, a 
measure approved by the President. How this fact may be, I do not 
profess to know, but I have seen enough in my day here, to satisfy me, 
that it is very unfair, that every measure brought forward, and advocated 
by members professing to be friends of the Administration, should be 
considered as having the sanction of the President. I know not what his 
opinions on such subjects are now ; I know what they have been, and 
until informed in some authentic mode, they have been changed, I esteem 
it fair to suppose they remain unchanged. 

Let us hear him speak for himself, in two of his communications. In 
his annual message, 1830, the President says : 

In speaking of direct appropriations, I mean to include a practice, which has obtained to 
some extent, and to which I have in one instance, in a different capacity, given my assent — 
that of subscribing to the stock of private associations. Positive experience, and a more 
thorough consideration of the subject, have convinced me of the impropriety, as well as inex- 
pediency, of such investments. All improvements effected by the funds of the nation, for 
general use, should be open to the enjoyment of all our fellow-citizens, except from the pay- 
ment of tolls, or any imposition of that character. 

Same message, he says farther : 

That such improvements, on account of particular circumstances, may be more advantage- 
ously and beneficially made in some States than in others, is doubtless true ; but that they are 
of a character which should prevent an equitable distribution of the public funds amongst the 
several States, is not to be concluded. 

We have it constantly before our eyes, that professions of superior zeal in the cause of inter- 
nal improvement, and a disposition to lavish the public funds upon objects of that character, 
are daily and earnestly put forth by aspirants to power, as constituting the highest claims to 
the confidence of the people. Would it be strange, under such circumstances, and in times of 
great excitement, that grants of this description should find their motives in objects which may 
not accord with the public good. Those who have not had occasion to see, and regret, the 
indication of a sinister influence, in these matters, in time past, have been more fortunate than 
myself, in their observation of the cause of human affairs. 

In his message of 1832, he says : 

I recommend that provision be made to dispose of all stocks, now held by it (the govern- 
ment), in corporations, whether created by the general or State governments, and placing the 
proceeds in the treasury. As a source of profit, these stock are of little, or no, value ; as a 
means of influence among the States, they are adverse to the purity of our institutions. 
The whole principle on which they are based, is deemed by many unconstitutional, and to 
persist in the policy which they indicate, is considered wholly inexpedient." 



PUBLIC LANDS FOR ACTUAL SETTLERS. 217 

Are we to infer, after this, that he would approve of this plan ? I 
think not. To me, it appears much more probable, were we to pass 
such a bill as this, that it would be vetoed by him, than that he should 
negative the distribution bill, when he would reflect upon the altered 
state of things, since that subject was acted on by him. 

Snch a system as this would be one of internal improvement, with the 
moneys, and under the patronage of the federal government. It would 
be for the benefit of companies, some of whose charters may be for long 
periods, as without limit as to time, they would still continue to receive 
toll from the people. 

It would operate partially and unjust to the different sections of the 
country. Some would receive plenty ; others none. 

Instead of trying to rid the government of all connection with stock 
companies, we would be forming more extensive and dangerous connec- 
tions than have ever been thought of in time past. I therefore conclude, 
such a scheme, however plausible at first view, can never ultimately find 
favor from any majority in Congress. 

I will now advert to some of the strongest objections which I have 
heard, to the policy of distribution. 

It is thought a system of distribution will make the States feel depend- 
ent on the federal government, and induce them to engage in enterprises 
not necessary, and beyond their fair means. 

Ought we not to remember that it is the same people, who are repre- 
sented, both in the State and federal legislatures? That they are 
competent to understand their own rights, and have the power to com- 
pel obedience to their will, by their representatives at home as well as 
here? 

Will they not know that the money distributed is their own money, 
not a boon from Congress ? How then will they feel dependent upon 
those who have done them no favor, but the simple act of justice, of pay- 
ing them their own money, in place of keeping it locked up, or having it 
wasted by others. 

If the people are capable of self-government, they must be capable of 
understanding their own rights, and pursuing their oion interests. They 
will not view this as a toon, but as a delivery to them of that which is 
their own. They will never look to distribution as a regular and certain 
resource for State purposes, but as an incidental addition to their other 
means, which will enable them to carry on with more vigor, any plan, 
which in their wisdom may be devised, for improving their country, or 
increasing the means of education. 

Again. It is said the new States may justly fear that distribution will 
induce the old States to keep the price of lands high, and thereby check 
settlements in them. 

It appears to me there can be no real foundation for any alarm on this 



218 MEMOIR OF HUGH LAWSON WHITE. 

account. The new States now form a very respectable minority. That 
minority will soon be increased to the number of ten or eleven. If we 
are fit to live together under one general government, there never can, 
there never will, come a time, when so large a minority cannot prevail 
upon enough to make up a majority, to do that which is not only just, 
but liberal to them. 

Nothing can be so likely to prevent this, as a contracted and illiberal 
policy on their part. If they prevent distribution, and thus prevent 
others from attaining any participation in a common fund, and this with 
a view to benefit themselves, may they not destroy all disposition to 
meliorate their condition? Will it not be more wise in them, to let 
that, which can well be spared from the proceeds of the public lands, be 
distributed, and with their fair proportion of it, in common with other 
States, go on and make such internal improvements as the interest of 
their people demands, and rely upon the justice of Congress, from time 
to time, to make such reductions in the price of the public lands, in 
favor of actual settlers, as the interests of the new States may require ? 

For one, having been raised, and having lived in a new State, and 
knowing the difficulties they have to encounter, my feelings have been 
with them, and, since honored with a place here, I have ever been 
disposed by my votes to favor their wishes and interests, so far as it 
could consistently be done. I hope still to do so, let them pursue what 
course they may. 

Either now, or at any subsequent time, I am ready to vote a reduction 
of the price of the public lands, in favor of the actual settler, the culti- 
vator of the soil ; but not to favor the speculator — he who would buy 
largely at a small price, to sell to the settler in small quantities at a 
high price. 

Of all the evils which can befall a new State, none is greater, than to 
reduce the price so low as to encourage individuals or companies to 
purchase large quantities of the public domain. They will be held up 
for increased prices, and effectually check the growth, the prosperity, 
and wealth of any State, where such policy is pursued. 

But the actual settler may well be favored by procuring a home of his 
own, at a low price, where he can cultivate his own soil, and independ- 
ently of all others, maintain his family. 

I voted yesterday against the amendment of the senator from Missis- 
sippi, because it did not provide for actual settlers, only for those who 
represented that they wished to become settlers. Let lands be entered 
upon such statements, and those who entered them would, in many 
cases, soon change their minds, and some speculator would be found to 
be the true owner, at the reduced pr ice. 

"Whenever the lands have been so long in market, at a reasonable 
price, as to show that they are not of value to the general government, 






PUBLIC LANDS FOR ACTUAL SETTLERS. 219 

let them be transferred upon some fair terms to the States in which 
they respectively lie. 

In the State which I have the honor in part to represent, the United 
States now own some lands, which never have been, and never can be, 
brought into market by them, so as to produce any benefit whatever ; 
to the State they would be worth something ; there is now a bill pend- 
ing in the other house, which has for its object their transfer to the 
State, and if it reaches the Senate, which I hope it soon will, it is 
believed we shall be able to show the propriety of passing it. 

Let us now reflect a little on some of the advantages which will flow 
from the passage of this bill. 

In the first place we shall do that which is an act of justice to the 
individual States. Several of them, my own among the rest, have never 
received a dollar from the federal government, while others have 
received large donations in lands, or in money. 

In some States, opposed to internal improvements by the federal 
government, no contributions have been made for either roads or 
canals, while in others large sums have been expended. This inequality 
has produced heart-burnings and discontents. Give to each its own 
proportion of this fund, to use as it pleases, and this cause of discontent 
will be removed. 

Each State is the proper judge what ought to be done with its own 
money. I am, therefore, opposed to giving any direction as to the 
objects to which it shall be applied : but I have no doubt, in most 
instances, it will be expended either in internal improvements, or in the 
business of education. 

I have been one of those, who do not believe the federal government 
has the power to carry on a system of internal improvements within the 
States ; and I shall now think it peculiarly hard, when we find a large 
sum of money, which we have the power to distribute, if it should be 
taken, and wasted upon remote and distant objects, and my State receive 
nothing. I should consider myself criminally negligent, if I did not 
urge the necessity of giving that, which I think is justly our due. 

By making this distribution we shall withdraw from the deposit banks 
a large sum of money, now locked up from the common and beneficial 
pursuits of life, and put it in circulation, not in one State or place in par- 
ticular, but in every State in the Union, so that its beneficial effects will 
be felt by all. 

Now, if this money is loaned by the banks, it is evident to my mind, 
the loans are not made to commercial men, accustomed to bank accom- 
modations, but to companies, engaged in speculations in our most valua- 
ble public lands ; by means of these loans, the honest settler is driven 
off from your public sales, or is forced to join some company, for the 
sake of enabling himself to procure, at a fair price, the small piece of 
land on which he has settled. 



220 MEMOIK OF HUGH LAWSON WHITE. 

Formerly, we sold the public lands upon credit ; while that was tho 
case, companies were formed, and speculations carried to a great extent. 
I attended one of those sales, and saw enough to satisfy me, Mr. Presi- 
dent, that if you and I could unite our capacity for business, we would 
not then be able to purchase, at its value, a section of land. The specu- 
lators would force us to join them, or drive us out of the market. They 
would tell us the land we desired to purchase was worth ten dollars per 
acre, and if we would give them the difference between the sum we had 
to give at sale, and ten dollars, then we might buy, otherwise they 
would run it up to twenty dollars per acre ; and they would keep their 
word, if we did not come to terms ; if we did, then we could bid off the 
land at a dollar and a quarter, which we would pay to the government, 
and in addition we would pay the company eight and three quarter dol- 
lars per acre. 

The Congress determined to break up these speculations, by requiring 
cash payments. It worked very well till lately. Within the last year, 
the land speculations are revived to a fearful extent. Now what is 
probably the cause ? These large sums, so long on deposit, enable the 
banks to make to these companies large loans on long credits, and with 
the money thus borrowed, your best lands are sacrificed. This is nothing 
but the credit system revived in a new shape. Formerly, the government 
itself, openly gave credit — now the banks give the credit, but the govern- 
ment furnishes the funds which enable them to do so. This is a growing 
evil. It is like rolling a snow-ball ; every turn makes it larger, and if 
not checked, we shall soon have this matter carried to an extent, which 
will make the mischief incurable. Divide this money, and we take from 
the banks the power of making these loans, and your lands will be pur- 
chased in fact, as well as inform, for money. 

Beside these considerations, we shall prevent our deposit banks from 
overtrading to an unreasonable extent. If these speculations are to be 
persisted in, a day of reckoning will come. If a run is made on your 
banks, which they cannot stand, we not only lose our money on deposit, 
but what is infinitely worse, we bring upon the country the evils of a 
depreciated currency, which always fall most heavily upon those least 
able to bear the loss. 

Pass this bill, and we not only avoid these evils, but we furnish each 
State with the strongest inducements to aid your banks, in maintaining 
a sound and wholesome currency ; with their proper proportions of which, 
when received, I have no doubt, all will make judicious internal improve- 
ments, and take care to have the business of education suitably encour- 
aged. 

When the leading measure of Mr. Van Buren's administration, the 
Sub-Treasury bill, was before the Senate in 1838, and was discussed 
by some of the ablest men in that body, he again avowed himself aD 



SUB-TEEASTJEY BILL. 221 

enemy to "federal incorporated banks," and "federal bills of credit." 
He opposed this measure principally upon the ground that it was 
putting the control of the whole moneyed capital of the country into 
the hands of the executive ; and that, especially in view of the un- 
willingness of the executive to have the powers and patronage of the 
government curtailed, such a control was hazardous to the prosperity 
of our free institutions. On this subject he spoke as follows, March 
24th, 1838: 

Mr. President : I address you under circumstances of peculiar disad- 
vantage. The subject is one of the greatest importance. It has been long 
discussed, ably discussed, by those of most distinguished talents. Their 
highest efforts have been made on both sides to present its advantages 
and disadvantages in every view the human mind can take of it. 

The crowded audience has become wearied, and even many senators 
themselves can hardly give respectful attention to our most interesting 
debates. 

Up to the termination of the last address of the distinguished senator 
from Massachusetts who sits nearest to me (Mr. Webster), I was not 
satisfied whether it would be my duty to do more than listen respectfully 
to others, and then say yea or nay to the different questions presented to 
the Senate. 

At the close of his animated, able, and interesting speech, he recurred 
to a scrap of the history of my own State, fifty years ago. Instantly my 
mind settled down in the conviction that my constituents had a right to 
expect more of a son of one of the actors in that scene than a bare vote. 

I promise those who may favor me with their attention, that if what I 
say should not be interesting, it shall not be tedious. 

The advocates of this bill expect to accomplish two objects by its 
passage : 

1st. To designate the only species of funds which shall be received in 
payment of any dues to the government. 

2d. To designate the persons by whom, and the places where, those 
moneys shall be kept, between the time of their collection and disburse- 
ment. 

The provisions, as to the first, are, that after the lapse of six years 
nothing shall be received but gold and silver, and such paper as shall be 
issued by or under the authority of the federal government ; and, in the 
mean time, that certain proportions may be received in the notes of 
specie-paying banks. 

1st. My first objection to this plan is, that it sets out with a distinction 
in favor of those who are in the employment of the federal government, 
or have any money to receive from it, and those who are in the employ 



222 MEMOIK OF HUGH LAWSON WHITE. 

of the State governments, as well as the mass of the people. The dis- 
tinction is odious, and ought not to be sanctioned. 

Senators who support this bill say these are mere catch-words (one 
kind of money for the government, and another for the people), of which 
all have become ashamed, and that latterly they have been driven out of 
the Senate. 

To this, I reply, the gentlemen are mistaken ; this distinction is made 
on the very face of the bill, in terms too plain to be misunderstood. 

If all the money mentioned is of equal value, why mention gold and 
silver, treasury notes, notes of specie-paying banks, &c. ? The whole 
argument in favor of the bill rests on the supposition that gold and silver 
are the best, and that, as far as it goes, is to be used for federal officers 
and those who have federal contracts, leaving to others to get what they 
can and how they can. 

2d. The bill itself contemplates a paper medium emanating from the 
federal government. To this I object, because we have no power to 
issue it. As a currency, they are bills of credit, unconstitutional ; more 
clearly so than to incorporate a bank ; and because, if we can issue such a 
medium, we ought never to do it. It will lead to the most wasteful and 
extravagant expenditures. It will be used moderately at first, until the 
people become reconciled to it, and then gradually extended in place of 
borrowing money, so as to meet all the calls of an extravagant adminis- 
tration, and must end in a large national debt, or depreciate like your 
continental money. 

Many, with great reason, have believed that no government can long 
be economical upon even a system of indirect taxation. That under such 
a system the people generally are not conscious of the burden they bear. 
They pay their taxes when they buy their clothes, or other articles, on 
which duties are imposed, without reflecting that any part of the money 
they thus expend comes into the treasury ; they therefore cease to be 
watchful over the manner in which the public moneys are expended ; 
and, whenever they cease to keep strict watch, their agents commence 
useless and wasteful expenditures. But when the taxes are direct, every 
man knows how much he pays, and when he pays, and will carefully 
watch how the moneys are expended ; and if the expenditures are wasteful 
or extravagant, a suitable corrective will be immediately applied. Our 
whole system of federal taxation is in the general indirect ; and, if we 
once commence a system of supplying deficiencies in the treasury by an 
issue of paper to be used as currency, the country may be ruined. 

At the special session we were obliged to add ten millions of dollars to 
our means. This we did not do by a direct loan, which every man could 
understand, but by authorizing an issue of treasury notes. When that 
bill was before the Senate, the senator from Missouri, and, if I mistake 
not, the senator from Pennsylvania, both friends of the Administration, 



SUB-TKEASUKY BILL. 223 

placed these notes on the ground of making a loan ; that they, as they 
were to bear an interest not exceeding five per cent, would be disposed 
of for money, and with the money thus procured, our creditors could be 
paid ; and in this view I voted for the bill. In the House the amount of 
the notes was reduced one-half, and I soon perceived that the Administra- 
tion intended to use them, not to procure a loan, but as a currency ; and 
when the bill was returned to us, I took the earliest opportunity to record 
my vote against it. The notes issued under that bill have in fact been 
used as a currency, and at various rates of interest, some as low as one 
mill per year. 

This year our revenue is again to be deficient ; we will need, in addi- 
tion to our means in the treasury, ten, fifteen, or twenty millions of dol- 
lars ; and this addition will be made by new issues. This paper currency 
seems to cost nothing; and, as our wants increase, the issues will be 
increased, until the paper depreciates ; and then, for the first time, the 
people will seriously look into the manner in which not only their money, 
but their credit has been squandered. 

The provisons of this bill for treasury notes, bills, or other securities, 
issued oy the federal government, or under its authority, if sanctioned by 
Congress, will settle a principle which, if carried into practice, must seal 
the fate of this nation. Office-holders and office-hunters can all be 
accommodated by the executive at the public expense, and the people will 
not be aware of it until too late. In short, it will take off almost the 
only restraint which yet remains to our extravagant expenditures. 

This view of the subject has alarmed me. Do we not all see and know 
that those in office are pressing to have their salaries increased ? That 
those who are not, desire the number of offices increased that they may 
get in ? We are teased to increase the number of land districts ; and if 
we do, offices are multiplied. When all the offices among the whites 
are filled, then we have among our red brethren exploring parties, visit- 
ing parties, commissioners and agents, by construction, at executive dis- 
scretion, and compensated as he pleases. 

With the facilities of paper money to be created for the trouble of mak- 
ing, importunities for offices, jobs, contracts and increase of salary, will 
be multiplied, and the President will not have the heart to resist them 
when artfully pressed by noisy and worthless partisans. I have been 
forcibly struck with some of the remarks made upon the subject of this 
government paper currency. The honorable senator from South Caro- 
lina (Mr. Calhoun) thinks it will not depreciate, and if it does, it will not 
make any difference, as the government must always receive it at par, 
and therefore sustain the whole loss. 

Mr. President, if the honorable senator will take a moment to think 
upon this subject, I am convinced he will perceive the error. No paper 
currencv, not convertible into specie at the will of the holder, ever did or 
ever will long retain its nominal value. 



224 MEMOIR OF HUGH LAWSON WHITE. 

If a man has a note of any kind, and has confidence that he can get 
the amount of it in specie at any time he pleases, most generally he would 
rather have the note than specie, because more convenient; but the 
moment he doubts, then he wants the specie presently. In the issue of 
treasury notes, that moment the amount issued much exceeds the revenue 
to be paid into the treasury, and the purchase of public lands, they must 
and will depreciate, unless provision is made that they shall be paid when 
presented at the treasury. When they do depreciate, the whole loss will 
not fall on the treasury, but will fall likewise on those through whose 
hands they have passed. The very case put by the senator proves it. 
A treasury note issues for fifteen dollars. It depreciates until it can be 
purchased in market for ten. Some person who owes the treasury fifteen 
dollars, goes and purchases it at ten, and pays his debt of fifteen dollars. 
Now does not every one perceive that the profit of five dollars, made by 
the man who paid the note to the treasury, must have been a loss of the 
same amount to the man from whom he purchased, or to some other per- 
son through whose hands it has passed? In all such cases, profit and loss 
are correllative terms, and that which is one man's gain must have been 
a loss to some other. 

As you increase expenditures you increase executive power, already 
too great. The President or those acting under his orders, must neces- 
sarily select the recipients, who, it will always be understood, can only 
be those who conform to his wishes in elections. These objections are 
independent of the consideration whether this bill will establish a bank 
or not. It will certainly sanction the issuing a paper medium of circula- 
tion. Those who advocate this provision certainly think as I do, that 
the country must and always will have bank credits, or paper of some 
kind, to use as a substitute for the precious metals. The business of the 
country can never be done without it. A support of the State banks is 
the only shield which can be presented against federal bills of credit, and 
& federal incorporated lank. 

I hold both these last unconstitutional, and the first of them infinitely 
the most dangerous to the liberties of the people. In 1834, I heard of 
this plan of separating government from all banks as depositories, and 
thought well of it. Indeed, I would then have gone for it, if political 
friends had agreed upon it. Then there was no idea of issuing paper 
money by government. Then State hanks were paying specie, and their 
notes would have continued a circulating medium. Then I had confidence 
in the Administration, and believed that none would ever dare to interfere 
with the elective franchise, or to refuse to have the executive patronage 
limited and curtailed by law. Now all these things are changed. The 
Administration want paper money issued by government, substituted for 
loans. The State banks are not paying specie, and this bill forbids the 
receipt of their notes. 

The executive is disposed to hunt down any and every man who wishes 



SUB-TKEASURY BILL. 225 

to limit his power. He openly interferes in elections, both State and 
federal, and uses all his powers to have them carried according to his 
will. Under these circumstances, in my judgment, I would he a traitor 
to civil liberty were I to sanction the idea that we will make federal 
paper the circulating medium. 

"What has become of our bills, five or six in number, to limit executive 
patronage, reported in the days of the younger Adams? They sleep the 
sleep of death. The honorable chairman of the committee, who originally 
reported them, felt it his duty to endeavor to revive them under the ad- 
ministration of the late President, and received so little countenance from 
old friends that he ceased his struggle with them. 

The honorable senator from South Carolina, who never thinks any load 
too heavy, took up one of them, and made one of his most powerful 
efforts, and it passed this body. But how many old friends voted for it? 
Sir, all had been whistled or ordered off, except the senator from Missouri, 
and one or two others. 

I have been honored with a seat here for the thirteen or fourteen last 
sessions, and believe I have never once recurred to the journals to see 
how any gentleman had voted ; but there are some things I find it im- 
possible to forget. 

"When that bill was before the Senate, believing that I could give the 
senator from South Carolina something more than my vote, I made a 
speech in its favor ; and that speech sealed my fate with the great demo- 
cratic party. I respectfully ask the senator from Missouri, whether any 
of the former friends of that measure, the Jackson democrats, voted for 
it, except he and myself? 

It went to the other house, and as they were more fresh from the people 
than we, better understood what is meant by modern democracy, they 
put this aristocratic bantling to sleep ; and we have never heard a cry or 
even a whimper from it since. Since then, executive power and patron- 
age have put forth their branches in every direction, and no man dare 
raise his voice against them on pain of political death. 

Shall we then put this rich bed of manure to the root of this dangerous 
power, that the crops of executive influence may be increased in our 
elections ? Nay ; God forbid ! 

I have been zealous for putting down the Bank of the United States, 
and for maintaining a sound metallic currency, and, to do this, believed 
we ought to sustain, as far as we could, State banks; prevailing on them, 
by all incidental means in our power, to cease the use of small notes, and 
had hoped we could have succeeded : but specie payments have been 
suspended, and the advocates of this bill say we must try some other 
experiment. 

Divorce, divorce, a vinculo matrimonii is the watchword whenever 
you find a modern democrat. 

15 



226 MEMOIR OF HUGH LAWSON WHITE. 

That there is a divorce a mensa et thoro existing, I admit, but am of 
opinion that it has been produced by violent temper, and want of due care 
on the part of the federal head, and too yielding and complying a disposi- 
tion on the part of the banks, and that the whole might yet be reconciled, 
at all events to the advantage of the family. 

I have heard of cases where a dashing libertine married a wife, attached 
to, and every way worthy of him ; that he, upon looking farther into 
the world, concluded that if he were freed from his first love, he 
could be better suited on a second experiment ; and, with a view to 
obtain a divorce, threw temptations in his wife's way which she had not 
stern virtue enough to resist; she sinned, and then he applied for a 
divorce. And what have courts of conscience said in such cases? De- 
part hence ! you have contributed to your wife's transgression, and shall 
not profit by your own iniquity. 

Apply these principles to this case. "When the executive wooed and 
won the State banks, they were pure and unsullied. Their utmost exer- 
tions were necessary to aid in prostrating the Bank of the United States ; 
they were coaxed, almost commanded, to extend their loans. They did 
so, to imprudent lengths. The executive saw and knew this. "Were 
they admonished to diminish their discounts ? Never ! So far as I know, 
on the contrary, they were eulogized up to July, 1836; then came the 
executive denunciations, and they have never since ceased. 

The executive is to blame, so are the banks ; but on account of their 
quarrel, the great American family ought not to be sacrificed. 

If none were to be injured but themselves, I certainly should feel no 
inclination to interfere; but I do think it nothing but just that both par- 
ties should bear their due proportion of blame, and that a separation 
ought not to be permitted under circumstances by which an unoffending 
community must be the sufferers. 

But again; I think if it is even proper to establish this system, and to 
have this divorce, now is not the proper time. , 

The banks are State institutions ; society have a deep interest in their 
maintaining a sound currency ; this can only be done by resuming specie 
payments ; this they never can do until their credit is reestablished ; 
while the whole weight of a popular Administration is against them, they 
never can resume with a hope of continuing specie payments. You 
separate now, and why ? Because, say the whole Administration and its 
friends — and if we pass this bill we join in the cry — they are unworthy of 
credit ! Every man who believes this statement, and has a claim against 
them, would apply for his money, and they would be compelled immedi- 
ately to stop again. 

Take the weight of the federal government off them. It is now pressing 
them into the dust, and while it is upon them, you might as well order a 
man, whose legs had been cut off, to jump to his feet and walk, as to 



SUB-TEEASCKY BILL. 227 

require them to resume, with a hope that they can do so. Let their 
credit be again restored, and if we must separate, they could better then, 
than now, sustain the shock. 

The federal government obtained the use of them when their credit 
was good; it should be restored, and then, if ever, they ought to be 
returned, in equally good credit, to the exclusive use of the States. 

Suppose we pass this bill, and then the banks resume, five-sixths of 
the revenue must be taken in their notes ; in a very short time, enough 
would be received to enable your depositories to withdraw so much of 
their specie as to compel them to suspend. And if they do not resume, 
their paper depreciates, and specie becomes an article of merchandise, 
and thus the federal servant will receive better money than the State 
officers, or the masters of both — the mass of the people. 

The State banks never can resume with a hope of doing a profitable 
business. 

Suppose the system in complete operation. Then all the revenue is 
received in specie, your average surplus in the treasury will be at least 
seven or eight millions of dollars. This, if left in the banks, would fur- 
nish a specie basis upon which safely to issue three for one. Hence, by 
this process, you abstract and lock up twenty or twenty-five millions of 
dollars of the circulating medium, which is of no more use to the govern- 
ment or individuals than if sunk in the ocean. 

Banks go to excess occasionally, and there is temporary suffering : so 
of every thing else — we have nothing good but what produces evil when 
carried to excess. Banks issue too much paper, but that is no reason 
they should all be destroyed. Over-issues produce individual suffering, 
but even this is productive of some benefit. It makes roads and canals, 
and improves plantations. Although all these change owners when a 
curtailment takes place, yet the improvements remain for the benefit of 
the people at large. 

What do gentlemen mean ? Do they mean to put us back to the year 
eleven hundred, when they say banks commenced ; Are we to quit our 
ordinary business, and commence wading branches in search of golden 
pebbles, to add to the stock of precious metals ? Are we to give up the 
earnings of our families, our porringers, and our spoons to this Aaron 
of democracy, that he may melt them, and, with his graving tools, make 
us our own metallic god to worship ? The more free a country is, the 
more prone are its people to run into excess, and none so much as our 
own. "What was Great Britain before the establishment of her 
bank? Like other nations, who are destitute of everything but a 
specie circulation, poor, unthrifty, anti-commercial. And what is she 
now? 

"We need a larger circulation than any country upon earth of the same 
population, because we are freer than any other. The circulation ought 



228 MEMOIR OF HUGH LAWSON WHITE. 

always to bear a due proportion to all salable or exchangeable commo- 
dities. In some of the States everything is of that description. Entails 
are destroyed, all property, real and personal, is unfettered, and for sale 
■whenever a man thinks he can better himself by selling in an old, and 
purchasing in a new State. In many States so much is land unfettered 
that it can be sold in fee simple upon a writ of fieri facias. 

In our country a man's capital, in many instances, is his character for 
integrity, his capacity for business and his business habits. These give 
him credit with banks. With the aid of bank accommodations, in many 
instaDces he makes himself wealthy in a few years, and every man who 
adds to his own stock of wealth enriches the whole country. 

Give me icealthy people and a poor treasury, and then the country is 
rich, and its liberty safe. 

Destroy banks, and you throw every man again into the hands of 
capitalists, Jews, money-lenders, where few can borrow who cannot 
mortgage land to secure payment. Whereas banks always feel it a favor 
conferred on them when they can get a good customer. 

Although I speak thus freely of the utility of banks, they never have 
been favorites of mine, but we must have them. The country cannot, 
and will not do without them. 

We must have a treasury banlc, a bank incorporated by Congress, or 
State banks. And I prefer the last. They are the least dangerous, and 
the States have clearly the power to incorporate them. The States, in 
granting charters, can, if they choose, guard generally against excesses. 
If they were to direct all profits over six or eight per cent, per annum 
to go into the treasury, as a school fund, the temptation to shave and to 
make excessive loans would be taken away. And if they would prohibit 
standing accommodations, few bad debts would be contracted. 

2d. The other object of the bill is to compel our collectors and receivers 
to cease depositing money in banks, and to compel them to deposit all 
moneys in the hands of officers appointed by the President, and removable 
at his pleasure, there to be kept till needed for disbursement. I think 
this arrangement much worse than to deposit in the banks. 

First, because the directors and officers of the banks will be more likely 
to be faithful than officers appointed by us. The stockholders will always 
intend to select those who will be most likely not to waste their moneys. 
Our officers for some time have been, and I consider the system is to be 
continued, selected more with a view to influence in elections than to 
any qualifications for the particular offices they are to fill. Let me not 
be misunderstood. I do not mean to say that every office-holder is a 
mere party tool. I think there are many who are not. But I do mean 
to state it as my opinion, that now, and for some time past, the principal 
qualification looked for is political influence ; and such men, appointed 
from such motives, I think will generally be unsafe depositories. Suppos- 



SUB-TREASURY BILL. 229 

ing these officers equally faithful, they will not generally have places as 
safe as those provided by banks. 

Again : this plan will occasion a great increase of expense. New 
officers, clerks, visitors, houses, safes, vaults, &c. There will be no effec- 
tual checks, either upon those officers or upon disbursing officers. It is 
said there have been, in modern times, but few losses by defalcation of 
disbursing officers. 

One principal, if not the sole reason of this is, the check upon them, by 
ordering them, whenever their position will enable them to do so, to 
keep their moneys in banks, and every week or month an account is fur- 
nished the Secretary of the Treasury by the deposit bank showing the 
sums deposited, and by whom. This furnishes strong reasons against 
using or loaning money ; immediate detection would be the consequence. 

Under the proposed system this check is entirely removed, and the 
public money will, in many cases, be misused. 

I now have in my drawer a document showing what has been done in 
one case by an officer in Avhose integrity I once had unlimited confidence. 
He collected a large claim from one debtor to the government, and imme- 
diately loaned the amount received to some political friends, not only 
without authority, but contrary to his instructions, and, at this moment, 
two suits are pending against these new debtors, who have refused to pay 
their notes as they fall due. If I mistake not, one of the parties to this 
very transaction has been appointed to, and now holds an office which 
will make him a sub-treasurer if this bill should pass. 

A bank in my own State has been alluded to, in a letter read by the 
senator from Missouri, which he has received from the late Chief Magis- 
trate. 

A brief review of the history of that bank, and matters connected with 
it, may be of use to us on the subject under consideration. 

The act establishing that bank was passed at a called session, in the year 
1820. The charter of the United States Bank was passed in 1816, and 
the bank went into actual operation the 1st of January, 1817. 

It was no administration measure, and when the bill was before Con- 
gress, the representative from my district sent me a copy of it, with a 
request that I would give him my opinion of its provisions, which I did, 
in a pretty lengthy letter. That opinion was very decidedly against the 
bill, and the opinion I then formed and expressed I have ever since enter- 
tained, and still entertain. He, alone, from Tennessee, as I believe, voted 
against the bill. For this vote he was attacked at home, and I felt 
in duty bound to maintain him as well as I could. This brought me 
in direct conflict with the friends of the United States Bank as early 
as 1816. 

Soon after the bank went into operation, it established branches in 
Kentucky, and, before the fall of 1817, many of the loans first made had 
fallen due, and payment was exacted. To this the people had not been 



230 MEMOIR OF HUGH LAWSON WHITE. 

accustomed ; and, as is always the case, although the bank had been 
popular when making loans, it soon became very unpopular when trying 
to collect its debts. 

Stories of the ruinous operations of the bank in Kentucky soon reached 
us in Tennessee, and in the autumn of 1817, with a view to save Ten- 
nessee from the like oppression, her legislature passed an act, as I believe, 
unanimously, imposing a very heavy tax, say fifty thousand dollars, upon 
any persons attempting to bank in Tennessee without authority from the 
State. 

A few years since, while the controversy was going on with the Bank 
of the United States, the Senate created a committee, of which Mr. Tyler, 
of Virginia, was a member, to examine into its proceedings, and when 
they made their report, for the first time, I found a letter dated in 1818, 
now bound up in our documents, soliciting the president of the bank to 
establish a branch in Nashville, notwithstanding the act of assembly, 
informing him that the act was passed, by contracted, illiberal men, and, 
after furnishing a list of names for directors, assuring him that if a branch 
was established, and directors appointed from the list, he would see that 
a good account should be given of those who would attempt to enforce 
the State law. 

Mr. Jones, the then president, answered this letter, and, very properly, 
refused to send a branch into the State contrary to the expressed will of 
the legislature. 

Thus the matter rested until 1826, when this same gentleman was a 
leading member of the Tennessee legislature ; and, not having been able 
to get a branch bank of the United States, he and others determined they 
would have a paper bank, founded on State funds and the faith of the 
State. They passed an act creating a bank. There was then in the State 
a bank in which the State had twenty thousand dollars of the stock. It 
was called the Bank of the State of Tennessee, and had been so con- 
ducted as to give society confidence in it ; and, in baptising this new bank 
its authors gave it exactly the same name, and thus we had, at the same 
time, two banks, having the same name, in the same State. The friends 
of the old would not have hesitated in charging the leaders who estab- 
lished the new with pilfering their name, that they might derive benefit 
from their credit, had they been other than members of the assembly. 

The plan of this new bank was not to pay specie, and to please the 
people, it was said it was a bank to relieve the people from pecuniary 
distress. 

At the same session, and to force into circulation paper money not 
redeemable in specie, laws were passed to prevent levies of execution, 
unless plaintiffs would agree to receive irredeemable bank paper. 

These proceedings met with very decided opposition from the sup- 
porters of a sound currency. 

They denounced a depreciated paper currency as a curse to the country, 



SUB-TREASURY BILL. 231 

and the old State bank would not touch the paper of the new ; and, after 
a long controversy between the directors, under the administration of an 
enlightened and worthy directory of the new State bank, it wa9 so con- 
ducted as to be converted into a specie paying bank, and I believe it has 
faithfully redeemed whatever notes it put in circulation. 

But, then, what became of the capital and profits ? Much of them 
were wasted. There was a branch or agency in each county. 

The cashier of the principal bank, a highly worthy, intelligent, and 
generous man, could not resist the temptation ; he permitted importunate 
and needy friends to draw checks, which he paid when they had no funds 
in bank. This practice was detected and exposed, and he ruined. 

Some of the agents, men of as much integrity as those to be found now, 
either used, or permitted others to use, the moneys entrusted to their care. 
Those moneys were in some instances lost, the agents ruined, and the 
State has been for several years endeavoring to save something from the 
wreck. 

With these examples before me, I cannot, I will not, I dare not, give 
my sanction to a scheme so demoralizing, and fraught with so many mis- 
chiefs. 

But, sir, our history stops not here. I think, about the year 1826, a 
Nashville bank failed, and occasioned much excitement. The legislature, 
then in session, repealed our act of 1817, imposing the tax of which I 
have spoken ; a branch of the United States Bank was applied for, and 
established. It went down with the principal and the other branches, 
and from that time, untilJuly, 1836, we were State bank men, generally: 
these banks having a safe specie basis, and always faying specie. During 
the whole of these arduous conflict, others have had an advantage over me. 

They first wanted a United States Bank, that we might have a good 
currency everywhere. Next they wanted paper money, and creditors 
forced to receive it, or to get nothing; then United States Bank notes 
again ; and now, when the monster is slain, and we can all venture to 
measure the length and breadth of its supposed deformities, nothing will 
do them but the pure unadulterated hard money. 

Mr. President, these politicians ever have the advantage of me. I never 
can give up an old opinion, until I am sure I have found better reasons 
for a new one. They have the full benefit of what is called the march of 
mind. They march and countermarch so that I cannot keep pace with 
them. I turn slowly, awkwardly, and these politicians give mo the dodge, 
and are sometimes out of sight before I know they intend to change. 
But this is of no consequence to me. Such wills-with-the-wisp or jacks- 
with-the-lantern I would not follow, if I could see them. They would 
only pilot me into some quagmire or swamp, and then leave mo, although 
their dexterity could easily extricate themselves. 

For myself, I now am, and ever have been a hard money man, to every 



232 MEMOIR OF HUGH LAWSON WHITE. 

reasonable and Constitutional extent. Nothing is with me money, within 
the meaning of the Constitution, but the precious metals, and they either 
coined, and their value fixed by acts of Congress, or foreign coin, whose 
value is declared in the same way. No government, either State or fed- 
eral, can make anything else a tender in payment of debts. This kind of 
money, and this only, is the end of the laAv, where pecuniary compensa- 
tion is to be made. It is not only the standard by which the value of 
property is to be fixed, but it is in itself property, which can be applied 
to other useful purposes. The federal government has no power to in- 
corporate individuals, and bestow upon them banking powers and privi- 
leges, to be exercised within the States. 

The federal government cannot issue, or authorize to be issued, paper 
to be used as currency. 

The Constitution takes from the States the power to issue bills of 
credit. 

It does not confer upon Congress any such power, and it can exercise 
no power except that which is expressly granted. The framers of the 
Constitution having taken from the States the power to issue bills of 
credit, and having refused or omitted to confer such a power on Congress, 
believed they had secured the country against the issue of a paper cur- 
rency by either government, which individuals could have no means by 
suit to compel the payment of, and which, if tolerated, would be sure 
to depreciate. 

Before the Constitution of the United States was framed, the State 
had the power to incorporate individuals, and give them banking powers 
and privileges ; this power was never taken from them, and, therefore, 
they still possess it. 

I have believed, and now do, that in a country so extensive as ours, 
so highly commercial, and so free, our business cannot be transacted with- 
out paper of some kind, which is not money, but credit, the representa- 
tive of money. These credits will be highly injurious, unless regulated 
by law. I therefore have maintained State banks, at the same time 
wishing to put down, by all means in my power, small notes ; to have 
none less than five, ten, twenty, and even higher than that, if a majority 
wished, so as to furnish a broad specie basis the better to maintain and 
support the organized credits, evinced by oank notes or checks. 

It is all idle to tell me that the only mode to have hard money is to put 
down State banks. Put them down to-morrow, and then we will find it 
indispensable to have a United States Bank owned by individuals, or a 
treasury bank owned by the United States, and governed at the will of 
the executive. 

Being opposed to both these, and thinking the country must have 
credits in some shape, I support State banks as the only means of 
preventing the establishment of some one of the others. I think them 



SUB -TREASURY BILL. 233 

both unconstitutional, and the treasury bank infinitely the most dan- 
gerous. 

We might as well at once put the whole moneys of the government at 
the disposition of the executive as to pass this bill ; because, although 
some of the officers who are to have charge of it must have the sanction 
of the Senate in their appointment, yet the President can remove, or have 
removed at his pleasure, every man of them. 

This bill, in truth and in fact, creates a lanh with vast powers and 
extensive capacity. 

Suppose Congress to incorporate a number of individuals, and confer 
upon them powers to do exactly the same thing which the officers named 
in this bill are empowered and required to do, what would gentlemen 
call their institution? It must and would be a bank; they woidd have 
all the usual powers of a bank, except to loan money by discounting 
notes. 

The only use of an act of incorporation is to empower a number of 
individuals, or some one man, to transact certain business under particu- 
lar restrictions. Now if we give to our own officers exactly the same 
powers which, if given to one or more individuals, would denominate the 
establishment a bank, it is equally so in both cases. 

This bill provides places where our whole treasure, hard money, notes 
of specie-paying banks, treasury notes, or other paper issued under the 
authority of the government, are to be kept. 

It authorizes the transfers and re- transfers of those moneys from point 
to point, at the discretion of the Secretary. There is now a bill before 
the other house authorizing an issue of ten millions of treasury notes ; it 
will certainly pass for that or a larger sum. 

Now let us consider how these powers will be made to operate. 

1st. The capital is the whole treasure of the nation, say any sum we 
please not less than twenty-five, nor more than fifty millions of dollars. 

This sum can be concentrated at one place, or dispersed to different 
places, as the Secretary chooses. A merchant of New York owes fifty 
thousand dollars for duties, and this sum he is to pay to the collector there, 
who is to deposit it in his vault. He borrows the amount from a specie- 
paying bank in the notes of the State bank, and pays the debt. Instantly 
the collector goes to the bank, draws the specie, and returns its notes, 
and locks the specie up in the vault, where he is to keep it till needed for 
disbursement ; and by pursuing this plan the whole specie may be with- 
drawn from the banks, or so much of it as to compel the banks to 

wind up. 

Again : a merchant in Nashville owes fifty thousand dollars for goods 
purchased in New York ; he gets that amount in notes of the Nashville 
banks by borrowing or otherwise, but they will not answer to pay his 
debt in New York ; he therefore goes to the sab-treasurer, who has his 



234 MEMOIR OF HUGH LAWSON WHITE. 

proportion of these treasury notes, and gives him his fifty thousand dol- 
lars, and receives a treasury note, or notes, and perhaps allows one per cent, 
as the difference of exchange, and the sub-treasurer immediately goes to 
the State bank, returns its notes, takes the specie and locks it up in the 
vaults. When a creditor of the government applies for payment of his 
salary, or other dues, he may be paid in treasury notes, and thus we find 
this is a bank of issues. 

It is useless to pursue this subject farther. Every practical man must 
see this is in substance a treasury bank, with immense funds as a capital, 
with unlimited power to draw and redraw, and that it is a bank to issue 
not hard money alone, but paper money, issued by or under the authority 
of the United States. That it confers powers and capacities which will 
enable it to prostrate the State banks, any and everywhere at its pleasure. 

It will not only control the State banks, and make them subservient to 
its will, but will also influence all men engaged in commerce, which 
requires the use of funds at distant places. 

Pass this bill, and we put it in the power of the President, through his 
Secretary of the Treasury, to control the whole pecuniary active capital 
of the country. We are to add this tremendous power to a patronage 
already dangerous in the extreme, and this at a time when we have a 
Chief Magistrate who is not only unwilling to have his power and patron- 
age curtailed and limited, but is desirous to add to them, even to the 
extent of encouraging armed voluntary associations to stand ready to 
carry out his views by force of arms. 

In the early and pure days of the Eepublic, in 1789, the republican 
doctrine was, that no President would ever dare to remove an officer who 
held office at the will of the President, simply on account of his politics ; 
and, if he did, Mr. Madison said it would be a crime for which he should 
be impeached. 

Mr. Jefferson, upon assuming the reins of government, prohibited all 
inferior officers from interfering in elections, further than to vote, on pain 
of dismissal. 

In the canvass, which brought the late President into office, we all 
thought the same way, and that this was the sound democratic or repub- 
can doctrine. 

Do we not all remember the outcry against Mr. Adams, because we 
thought, through a Mr. Slade, a clerk in some of the departments, he had 
signified to the Vermont legislature that he preferred the old senator, 
Mr. Seymour, to Mr. Van Ness ? The newspapers rung with this charge, 
and if Mr. Adams or his cabinet had avowed that they had a right to en- 
deavor to influence people in elections, it is doubtful how he would have 
got through even the four years to which he had been elected. 

Now the whole course of thinking and acting is changed. 

During the last Administration it was not only maintained that the 



SUB-TREASURY BILL. 235 

President and all under hira had a right to interfere, but, for the sake of 
securing a democratic Administration, it was a duty to aid in electing his 
successor, members to both houses of Congress, Governors of States, &c. 

The present incumbent improves upon this, and countenances what 
may be called legions of honor, to maintain him by force in carrying out 
modern democracy. 

I have been surprised that in none of our discussions has any gentle- 
man alluded to a correspondence between an association in Philadelphia 
and the Chief Magistrate during the past year. 

They informed him that they had voluntarily associated together, had 
armed and equipped -themselves, and made a tender of their services to 
carry out the laws. 

In a country as free as ours, where the laws themselves are nothing 
but the will of a majority of the people, constitutionally expressed, every 
thing which tends to weaken or diminish our respect for the laws is 
highly reprehensible. Now what would we reasonably expect as an 
answer from our Chief Magistrate to such a. tender of services? 

I looked for grateful acknowledgments for their good feelings towards 
him, and a request that, as they regarded him and his fame, they would 
immediately lay aside their warlike implements and dissolve the associa- 
tion ; because, if the country was to remain free, such voluntary associa- 
tions could never be necessary. Public opinion, and forces, when indis- 
pensable, called out under the authority of law, would always be sufficient 
in the hands of the executive to give effect to the will of the people, 
expressed through their acts of Congress. 

But I was sorry to find no such sentiments ; on the contrary, sincere 
thanks, and a manifest willingness to countenance the use of such forces 
if emergency should require their services. 

The good sense of society must check this course of thinking, or there 
is reason to fear that, at no distant day, we may have, through the agency 
of such means, anarchy first, and then despotism. 

The senator from Massachusetts (Mr. "Webster), at the close of his reply 
to the senator from South Carolina, " for his special benefit," in very good 
temper, and in a most happy manner, referred to the early history of that 
portion of my State, now called East Tennessee, once known as the /State 
of Franklin. He read us a part of one of her acts of assembly, which 
fixed the salaries of some of her officers, and directed the species of cur- 
rency in which they were to be paid. 

I always feel gratified when I know, or hear, that my State has dono 
anything which benefits any portion of my fellow-men. 

" Blessed are the peace-makers," is the language of Iloly Writ. On 
this occasion the two honorable and distinguished senators had assumed 
an attitude so belligerent, that I really feared it might end in something 
worse than words. But no sooner were the labors of my State fifty years 



236 MEMOIR OF HUGH LAWSOX "WHITE. 

ago brought to the notice of this grave body, than we all forgot that any 
of us had ever been out of temper, and so soon as we could recover com- 
posure enough to adjourn, we separated like a band of brothers — no two 
leaving the chamber in better temper with each other than the two hon- 
orable senators. 

But, sir, the senator knew nothing of the practice under the State law, 
therefore we have not the full benefit which we ought to derive from his 
reminiscence. He could have related the whole incidents so much better 
than I can, that I regret he did not mention this subject to me before he 
addressed the Senate ; if he had I would have given him the additional 
facts, that the whole might have been detailed in the Senate in his good 
tempered and felicitous manner. 

It will be remembered that the governor, chief justices, and some other 
officers, were to be paid in deer-skins, other inferior officers were to be 
paid in raccoon-skins. Now, at that day, we were all good whigs, 
although we had some of the notions of the democrats of the present day. 
"We thought these taxes might safely remain in the hands of the collec- 
tors as sub-treasuries until wanted for disbursement. The taxes were, 
therefore, fairly collected in the skins and peltry pointed out in the law. 
But the collectors, as report says, knew that although raccoon-skins were 
plenty, opossum-skins were more so, and that they could be procured for 
little or nothing. They, therefore, procured the requisite numbers of 
opossum-skins, cut the tails off the raccoon-skins, sewed them to the opos- 
sum-skins, paid them into the general or principal treasury, and sold the 
raccoon-skins to the hatters. 

The treasurer had been an unlucky appointment, although a worthy 
man; he was a foreigner, knew nothing of skins or peltry, and was, 
therefore, easily deceived by his sub-treasurers. "When this imposition 
was discovered, the whole system went down, and we never have had a 
great fancy for leaving the taxes in the hands of the sub-treasurers or col- 
lectors from that day to this. 

But, sir, these old proceedings more clearly developed the true charac- 
ter of my State than almost anything of the present day. 

The territory or tract of country called Franklin, was composed of four 
counties of North Carolina, and separated from the body of the State by 
the great ledge of mountains, called at different places by different names, 
and from what is now West Tennessee by the Cumberland Mountains, 
and a wilderness of two hundred miles. 

The Revolutionary War had terminated with Great Britain in 1783, but 
it continued with the powerful tribes of Indians who had been in alliance 
with her. The depredations of these Indians were so serious that aid to 
arrest their ravages was desired from North Carolina ; that State was not 
in a situation to furnish protection, and instead thereof, from good mo- 
tives, no doubt, but without due consideration, passed an act ceding us to 



SUB-TREASURY BILL. 237 

the United States. "When the news was received the leading men, who 
were King's mountain men — Sevier, the companion of the gallant Camp- 
bell and Shelby, at their head, took fire ; the discontent ended in a decla- 
ration of independence, and the formation of the State called, to perpe- 
tuate our whig principles, "Franklin." 

North Carolina discovered her error, and, before Congress could act on 
the subject, repealed her act of cession. But it was too late. "We had 
been disposed of without our consent. Though but a handful, with a 
powerful savage enemy infesting our whole frontier, and without a dollar 
to begin with, we set up for ourselves. We would not brook the indig- 
nity ; we had begun the fight for liberty, and liberty or death we would 
have. We continued the controversy till 1789, when an accommodation 
with our parent State took place ; and with our own consent, and upon 
terms thought just, we, with other portions of territory, were ceded, in 
1789, to the United States. 

In 1796, we became the State of Tennessee, and how we have since 
conducted, I willingly leave to the judgment of our sister States. 

I confess, instead of feeling humbled by, I am proud of, this ancient 
reminiscence. I feel proud that my ancestor was one of that unyielding 
band ; that I now find myself associated here with a Sevier and a Tipton ; 
and although I sometimes think two generations back those of their name 
would not have worked so tamely in party gear, yet every once in a while 
the Hood shows itself, and you can see, that if their home concerns are not 
attended to here, according to what is just, they break party bandages, 
and walk abroad in that freedom for which their fathers perilled every 
thing. 

It is true we are neither whigs, tories, nor democrats by inheritance, 
but there is much in blood, much in education. Early lessons from 
mothers are apt to have an influence upon us through life. What the 
father says when he first sends his boy to school is hardly ever forgotten. 

When that law was passed, and for years afterward, the first morning 
the son was to start for school, he was sure to receive the father's advice, 
in emphatic terms, calculated to make a lasting impression, in language 
like the following : My son, you are now going to school, you must 
render a willing obedience to your master ; he is in my place, obey him, 
if you love me. Be kind to all your school-fellows, do nothing offensive 
or unjust to them. Be careful in all you say, and do not give any of 
them cause of offence, and, if they will quarrel with and abuse you, take 
care you never come home whipped by any one of them, if you have the 
power to prevent it. 

Children were taught from infancy the doctrine of equality, that no 
distinction ought to exist except that which was produced by vice or 

virtue. 

And as to a circulating medium, this old act contains a volume of 



238 MEMOIR OF HUGH LAWSON WHITE. 

instruction for me. At that day, the medium of our exchanges was 
skins and peltry, or furs. They were the the currency in which the 
people were obliged to transact their business, and my father, when 
voting for that law, thought it just that our officers, from the governor 
to the constable, should be paid in the same kind of currency which the 
people were compelled to use in their dealings with each other, and so 
think I now as to our federal officers. Such, I think, have been the 
opinions of a majority of my constituents from my youth to this day. 

My wish is to carry into effect their will. If I had fortitude enough 
to venture into an unknown world, I would rather do so ?iow, and upon 
this spot, than knowingly to give a vote upon a subject so important, 
which would disappoint the wishes of the companions of my youth, the 
associates of my maturer years, and those who have ever sustained me 
against all attacks, at every stage of life. 

What I believe to be their will, corresponds with my own judgment 
on this subject ; and, however much I may and do regret a difference of 
opinion with enlightened men from other States, yet I acknowledge no 
responsibility to any human power except to the citizens of my own 
State who have so long honored me with their confidence. 

Judge White's opposition to the tariff was always firm but judi- 
cious. He never doubted the power of the federal government to 
give protection, to a certain extent, to home manufactures by imposing- 
taxes on foreign merchandise ; but that, he thought, like every other 
power, ought to be exercised for the good of the whole, and under 
that impression he never would vote to impose a tax upon a foreign 
article, which as a nation we could conveniently dispense with, when 
he saw, or had reason to believe, it would increase the price of the 
article throughout any large portion of the country, and none were to 
be benefited by it but a few capitalists, who would be thereby levy- 
ing a tax upon a considerable portion of the community for their 
individual benefit. He liked to see domestic manufactures flourish, 
but never wished to see them brought into existence, or nourished, 
in one section of the country, at the expense and to the positive detri- 
ment of another. He therefore uniformly opposed a protective tariff 
both by his votes and speeches. 

In 1835, there approached one of the most momentous periods of 
our national history, namely, that session of Congress during which 
was originated and conducted with such talent and fiery zeal on either 
side, that discussion of the Tariff question, which had well-nigh rent 
the Union, and filled the land with civil war and bloodshed. Just 



MR. WISE S EULOGIUM. 239 

before this memorable session, Mr. Calhoun resigned the Vice Presi- 
dency — which resignation called Judge White to occupy a position 
still more responsible and conspicuous than any he had hitherto 
filled. How fully he met the expectations of the body that promoted 
him, and of the nation at large, in this season of impending danger, 
is now a matter of history. The firmness, impartiality, decision, and 
dignity with which he presided over these stormy debates, were com- 
mended by the Hon. Henry A. Wise, during the debate in Congress 
on the Treasury note bill. 



I should have remembered (says Mr. Wise) another model of wisdom, 
and virtue, and patriotism whom I have seen, and seen in all situations 
of life — long and intimately did I know him — well did I love him, and 
sacredly do I cherish his memory. He is no more. I wish I could imi- 
tate his virtuous and hallowed example in life. I mean the lamented 
Hugh Lawson White, a servant of Tennessee, a son of North Carolina, 
without whose aid the compromise act never could have become a law — 
without whose patriotism and firmness there would have been a civil 
war upon a sovereign State, and upon the Union. South Carolina ought 
to be told of this, who, in 1836, threw her vote from him, her best 
defender against a tyrant. When this act was before the Senate, he was 
president pro tem. of that honorable body. He was in the chair, and had 
the appointment of the committee which had to consider the report 
upon the plan of adjusting the tariff difficulties. In this high place, with 
this power, he was warned — I will not say by whom* — not to put a cer- 
tain gentleman (John M. Clayton, of Delaware) on the committee. 
The reason was, that there were rival plans, one proposed by the Sena- 
tor from Kentucky, of whom, and whose measures that gentleman was 
the friend ; and the other plan was that of the Administration then in 
power. That Administration was governed by one of two motives, 
perhaps by both, in wishing to defeat this act. They wished, certainly, 
to give preference to their own plan, and to deprive the authors of this 
of the honor of the compromise ; and, perhaps, the head and chief 
wished nothing so much as the opportunity to apply " the second 
section" to the leaders of resistance whom he charged more with treason 
to him personally than to the country. The president pro tem. of the 
Senate knew well the danger of defeating this act, but when orders wero 
issued to him not to appoint its friend and advocate on the committee, 
what was his reply ? The reply of that sage, and patriot, and hero — 
hero he was, for he had, like his chief, been in the wars — his reply was a 

* By Gen. Jackson, or by a message from him. 



240 MEMOIR OF HUGH LAWSON WHITE. 

plea to the jurisdiction of any power to dictate the manner of discharging 
his duty. He told the man who assumed this authority: "You are too 
late. Mr. Clayton is appointed ; and, if he was not, he should be. I 
voted for the Force bill as a decision merely that the Government had 
the poioer to execute its laws. I never intended it should operate or 
actually be put in force against any of my countrymen who happened to 
differ from me in opinion, and who are as honest and conscientious in 
their opinions as I am in mine. And, having voted for it, I will afford 
every opportunity to legislation in my power, to prevent its effect." 
And this, sir, produced the first cause of difference between him and 
Gen. Jackson. He muzzled the blood-hounds, disappointed his chief 
of his prey, aided the compromise, and gave peace to a distracted 
people. 

Judge White's punctuality and devotion to business, as we have 
remarked, were most exemplary.* " His deportment in the Senate," 
says a senatorial contemporary, "was quiet and dignified. He spoke 
but little, but when he did it was to the purpose. He was very 
attentive to what was going on ; and I have often seen him in his 
seat, almost the only listener to a dull speech. I once remarked to 
him that I thought him the best listener to speakers of all the 
Senate. His reply was to this effect : ' Well, it is my duty to be 
here; and when a member is speaking, nothing else can be done, so 
I keep my seat and listen to him. I find that I can learn something 
from even the poorest speech that is made here.' " The writer adds, 
with great truth, " This was a just remark ; for however incompetent 
a speaker may be to discuss the question which is the subject of his 
speech, and however deficient in general intelligence, he will usually 
suggest some facts, and make some remarks worthy the attention of 
those better informed and more able." 

Judge White's regularity in attendance was extreme and remark- 
able. He was always in his place. " I know of no man," said a dis- 
tinguished member of Congress, " except Judge Marshall, who rides 
about the city so little in carriages." It was his habit to repair to the 
capitol every morning immediately after breakfast, and to spend the 
time in the committee-room until the regular hour of convening 
Congress. So universally was this the case that he became prover- 
bial for being the first man in the Senate, and the last to leave it. 
Col. E. H. Foster, his colleague during his last term, one day re- 
marked to his companions that he was determined to have it said that 

* Hon. John M. Niles, lately deceased. 



HIS PUNCTUALITY. 241 

he had beaten Judge White at the capitol at least once. Accord- 
ingly, he departed one morning in great haste, and upon reaching 
the Senate chamber found it vacant. Quite delighted at having 
accomplished what he considered so great a feat, he exclaimed : " I 
am satisfied, I have beaten the 'skeleton' once in my life." But 
upon entering the committee-room he there found the Judge, stand- 
ing in the middle of the floor, and holding a bundle of papers. He 
had a hearty laugh at the disappointment of Col. Foster, who, seating 
himself, remarked, " It is useless to try any further, Judge ; you are 
entitled to the palm." 

Judge White was not less strict in the observance of all arrange- 
ments necessary for his seasonable arrival at Washington, than in 
the performance of his official duties when there. No ordinary 
circumstances prevented him from setting out upon his journey at 
the appointed time. The valley of Virginia being the nearest and 
most frequently travelled route, his colleagues, journeying on horse- 
back, would frequently stop and rest a few days with him. In 
the fall of 1832, Hon. Felix Grundy, with another member, paid 
the Judge a visit of this kind. He had fixed upon the next Monday 
morning to commence his journey. Sunday night a deep snow fell. 
The visitors did not relish the idea of turning out in such weather. 
Perceiving this, their host said, " Gentlemen, here are my house and 
servants at your service. Order what you want, and make your- 
selves perfectly at home. The time has come for we to leave ; and 
I must go." The others made some pleasant remark in reply about 
his " old fashioned habits," but on the whole, thought it not best to 
separate themselves from such good company ; and the three legisla- 
tors accordingly, upon the Monday morning, set out together. 

On another occasion, he had allowed himself time to make a visit 
to friends in Philadelphia. The family invited certain of their 
acquaintances to meet at their home and pass the evening with him. 
Judge White, however, without knowing this circumstance, had fixed 
upon that day to leave the city, and no importunities could induce 
him to remain. He had allowed himself just time enough to reach 
Washington in season for the meeting of Congress; and would not 
permit himself to be tardy even for a day. On but one occasion was 
he ever absent from his seat when Congress convened ; and this was 
in 1838, when he was suffering under severe bodily infirmity. And 
on that occasion, so conscientious was he, that he intended to resign 

16 



242 MEMOIR OP HUGH LAWSON WHITE. 

in time for the Governor to make a pro tempore appointment ; and 
actually sent in the resignation, which, however, the Governor 
refused to accept. 

While in the pay of the country, he was accustomed to consider 
his time, strength, and talents the property of his constituents. He 
suffered neither his private interests, his personal gratification, nor 
(as in the case of his speech on the Indian question) even the keenest 
and deepest afflictions, to interfere with their claims. He not only 
performed the public duties of his station, but was accustomed 
to adjust private claims for individuals, without compensation. 
During his early residence in Washington, an old Revolutionary 
soldier, living in Claiborne County, East Tennessee, applied to him 
for the purpose of having his name placed on the pension list. His 
claims proved valid ; and the Judge presented to the worn veteran 
his pension certificate, together with all his back pay, which amounted 
to a sum more considerable than the old man had ever had at one 
time. Said he, with deep gratitude, " Judge White, how much do I 
owe you ?" " Not one cent, sir," replied the Judge ; " when I was 
a whistling ploughboy, you were fighting for the liberty of our coun- 
try. I then knew, or, indeed, cared but little about it ; but, my old 
friend, I have since learned to estimate the value of those efforts ; 
and to all who fought our battles in those ' times that tried men's 
souls' I owe a debt of gratitude I can never repay." 

As an instance of the like scrupulousness in fulfilling prescribed 
duty we may present an extract from a letter written to a friend in 
Knoxville, in 1833, in relation to his becoming a candidate for the 
convention which was to meet in the next May, at Nashville, for the 
purpose of amending the Constitution of Tennessee. He says : 



I have reason to think that Congress will be in session on the third 
Monday in May, when the Convention is to sit in Nashville, 750 miles 
distant. To reach that point in season, I must leave this the first of 
May, the most important business of the session probably still unfinished. 
The General Assembly elected me to the Senate. The same body, 
though not the same men, fixed the time for the meeting of the Conven- 
tion ; when it must have been expected that the Senate would then be 
in session. Under these circumstances, were I to abandon my post here, 
for the one proposed, I feel that I could not assign any reason for so 
doing, which ought to be satisfactory. 



THE NASHVILLE CONVENTION. 243 

I hope, my friends, upon reflection, will see the propriety of my de- 
clining to consent that my name be used as a member of Convention. I 
would rather serve my friends and neighbors than any equal number of 
people ; but it ought to be remembered the whole people of the State 
sent me here, and that a small number of the same people cannot give 
me leave of absence. 



Although his other public duties prevented his co-operating with 
his friends in this important movement, yet he felt the greatest soli- 
citude on this subject, and his anxiety that the power should rest 
where it belonged, with the people, will be seen from an extract of 
another letter to this same friend : 



I have great fears that the alterations which may be made in the Con- 
stitution will not really be amendments. The idea ought to be constantly 
impressed upon the public mind, that no alteration will be part of the 
Constitution, until approved by a vote of the people. In the proposed 
amendments the Convention should insert a provision, that the Consti- 
tution shall remain as it now is, unless the people, by their vote, shall 
sanction the proposed amendments. 



When Judge "White entered the Senate, he was fifty-two years of 
age, five feet eleven inches in height, of erect form, very slender but 
graceful proportions, and with a firm and elastic step. His brow was 
broad and full, his eyes blue, and deeply set ; and his firmly com- 
pressed lips bore testimony to his unwavering tenacity of purpose. 
His abundant gray hair was thrown back from his forehead, and 
curled at considerable length upon his shoulders ; its silvery waves 
adding to his venerable and remarkable appearance. The usual 
expression of his face in repose was sad. When thought deepened, 
this sadness gave way to a look of sternness. But both these were 
dissipated under the influence of his social feelings; and at such 
times his whole countenance became illuminated with a bright ex- 
pression of kindness. 

By the talents and virtues, the strength and integrity of character 
displayed in this eminent station, by zeal for the promotion of the 
public good, by uniform moderation and love of justice, by jealous 
watchfulness over the public wealth, by that indifference to public 



244 MEMOIR OF HUGH LAWSON WHITE. 

honors which prevented him from ever canvassing for any office, or 
from any other demonstration than the mere expression of his wil- 
lingness to fill such places as might render him useful, Judge White 
acquired his high rank among the first men of the nation, and his 
extended and firmly based influence among its masses; and like, 
wise the expressive and appropriate surname of " The Cato of the 
Republic." 



CHAPTER XII. 

HIS FIRST POLITICAL POSITION — ITS SUBSEQUENT CHANGE. 

When Judge White entered the Senate in 1825, Mr. Adams was 
the occupant of the Presidential chair. Supposing that the General 
Assembly expected him not to array himself in the party ranks either 
of the Administration, or of its opponents, but to act simply as the 
servant of his country, and to vote as in his judgment would best 
promote its interests ; he was ready to give to the measures of the 
Administration his prompt and efficient aid, so far as those measures 
coincided with republican principles. 

He believed that those who denied to the federal government all 
power except that which is granted in express terms, or which 
is necessary to carry into effect some power expressly granted, ex- 
pounded the Constitution more correctly than those who contended 
for the exercise of implied powers. Being here associated with men, 
who espoused different sides of all the doubtful political questions then 
agitating the country, and who were in every way well qualified to dis- 
cuss them, his mind settled down, before the election of Gen. Jackson 
to the Presidency, in favor of all those great political principles, which 
were adopted by that President, in the outset of an administration, 
undoubtedly one of the most marked and eventful in the political 
history of the country. We have every evidence, that Judge White 
was something more than a mere supporter of this party, which a 
friend of General Jackson says was " more perfect in its organization, 
and more lasting in its duration, than any before established, giving 
its own line of statesmen and its own course of policy to the country ; 
a party which was to exert a stronger influence upon the world, and 
to cause a greater increase of the wealth, territory, and population of 
the republic, than any had yet caused or exerted. 

As an evidence of General Jackson's regard for Judge White, and 
of his appreciation of the aid rendered him by the latter in founding 
his political system, we shall here give a few extracts from unpublished 

816 



246 MEMOIR OF HUGH LAWSON WHITE. 

letters, showing that lie may in fact be considered the author of many 
of the leading measures of General Jackson's Administration. The 
first two are from General Jackson, and were written immediately 
after his elevation to the Presidency. The first is dated Hermitage } 
Oct. IV, 1828: 

I thank you kindly for the suggestions you have made, and will always 
thank you for your friendly counsel. "We have grown up together, have 
passed to the top and over the hill of life together, and permit me to 
assure you there is no one in whom I have greater confidence, in their 
honor, integrity, and judgment than in yours. 

The second letter bears date Judge Overton's, Dec. 31, 1828. 

It will give me pleasure at all times to receive your views upon all and 
every subject ; you have my confidence and friendship, and to you and 
Major Eaton I look as my confidential friends. 

After General Jackson went to Washington — Mr. Tazewell, who 
was a warm friend of Judge White's, and a firm supporter of General 
Jackson's Administration says : 

Judge "White was one and I believe the most confidential of all his 
advisers, as well before as after his inauguration, while the Senate con- 
tinued in session. I have good reason to justify the opinion, that many 
of the most important measures, adopted by the President during that 
period were the result of the sound advice given to him by Judge "White, 
in whom the President then reposed the most unlimited confidence — a 
confidence zealously reciprocated by the Judge, whose personal attach- 
ment to General Jackson was most ardent and devoted. 

"When the Senate adjourned in 1829, Judge "White went home and did 
not return until the commencement of the next session. I was prevented 
from taking my place in that body until Feb. 1830. Very soon after I 
took my seat, I saw very plainly that new relations had sprung up between 
the President and some of his former friends. Judge "White did not seem 
to have observed this ; and his feelings toward General Jackson remained 
unchanged, although it was evident to all others, that he no longer occupied 
the same place in the estimation of the President which he had done. I 
never knew the cause of this apparent estrangement, but thought it 
might be easily conjectured. 

The cause which led to a dissolution of General Jackson's cabinet 
in 1831, was General Jackson's determination to have Mr. Van Buren 



LETTER FROM MR. POLK. 217 

elected his successor, and to attain this end it was determined to dis- 
miss such cabinet officers as were unfavorable to this purpose, and to 
appoint others, who could be moulded to it ; those who sanctioned it 
having voluntarily resigned. And notwithstanding this apparent 
estrangement which was so obvious to all, General Jackson again 
tendered the war department to Judge White, and the pertinacity 
with which it was urged upon him will be seen from the following 
letters. One of these selected from among a large number, because 
it was written at the instance of the President; and the others, show 
the opinion which their authors (of whom the next chapter treats) 
entertained of Judge White at that day : 

Columbia, May 5th, 1831. 

My Dear Sir : The last mail brought us the letters of resignation of 
Mr. Van Buren and Major Eaton, and also a rumor, which I doubt not is 
true, of the resignation of the other members of the cabinet. This event 
I cannot say surprised me much. We had reason to apprehend an explo- 
sion of some sort, but could not anticipate the manner or the time at 
which it would occur. I am anxious to see the letters of resignation of 
the other members of the cabinet, which have not yet reached us. 
Should all have retired in such a manner as to impress upon the public 
mind the idea that a part did so voluntarily, and a part by coercion, I 
cannot see that the party or the country is to be affected by it. That the 
new cabinet, profiting by a knowledge of the difficulties which their 
predecessors had to encounter, will act in harmony with each other, and 
with the President I have no doubt. Avoiding the causes which have 
led to the present state of things, I doubt not that their labors will prove 
enfinently beneficial to the country, by sustaining the great principles 
which have marked the course of the Administration. 

I need not assure you that I am highly gratified to find your name, 
among those whom it is said the President intends to invite into his 
cabinet. Upon this point but one sentiment has been expressed among 
our intelligent and common friends here. In the course of his Adminis- 
tration the President has had many difficulties to contend with, not 
among the least of which, has been the want of harmony, and concert of 
action, among his confidential and constitutional advisers. As against 
an organized and vindictive, and I may add, in some respects, unprinci- 
pled opposition, he never had nor has ho now anything to fear. I know 
he has unlimited confidence in you, and in this his hour of need will 1 
have every reason to believe be anxious to have your assistance in the 
Administration. Should he invite you to a place in his cabinet I trust 
you may reconcile it to your sense of duty and propriety to accept, and 
that no considerations may induce you to decline. Your friends in the 



248 MEMOIR OF HUGH LAWSON WHITE. 

State may regret to lose your services in the Senate, but no one of them 
sincerely attached to our cause can, I think, or would for one moment 
hesitate, not only to assent to your acceptance of the new station, should 
it be offered to you, but to advise it. We would hazard nothing I think 
in supplying your place in the Senate with a man of the right politics, 
though none can be found in whom the people of the State would have 
so much confidence as in yourself. I trust therefore that you will duly 
appreciate my motives, when I insist that you will not decline if invited 
by the President (of which I have no doubt), to accept a place in his 
councils. 

Very sincerely and truly, 

Your friend, 

James K. Polk. 



Nashville, May lWi, 1831. 

Deae Sie : I hope before this time, you have accepted the office of 
Secretary of "War. If not, I now write for the purpose of uniting my 
solicitations and that of my neighbors in favor of your acceptance. 

There is entire confidence here in the proposed new cabinet — for myself 
I can say, it affords the first clear sunshiny political weather I have seen 
for some time. Whatever your diffidence may suggest, rely on one thing, 
there is no other man who under all the circumstances will unite so much 
public confidence — all past notions of non-acceptance of office &c., should 
be surrendered at this time for the public good. 

Your friend, 

Felix Gelndy. 



Nashville, May 1st, 1831. 
My Deae Sib : When the news reached us (1st May), of the resigna- 
tion of the cabinet, the same account brought the suggestions of the suc- 
cessors. From that time until yesterday I have been to Kentucky on a 
visit to my parents. That the war department has been tendered 
to you, I am told is true. I have been out amongst the people since 
the report went forth, in the south of Kentucky, and in Tennessee. 
For a range of 150 miles I am sure of public opinion. It is not only in 
favor of your accepting, but that no man could be found so likely to fill 
the station satisfactorily to the West and South — and all things considered 
it was the very best selection that could have been made — the Clay men 
generally said to me — " with Hugh White, we are perfectly satisfied."" So 
I find opinion here. The desire that you should accept, is most anxious 
with the Jackson men, and your declining would dishearten very many, 
under the impression of difficulties attending the administration of the 
government, that deterred the most prudent, and efficient men from 



PUBLIC CONFIDENCE EST JUDGE WHITE. 249 

taking office under it. A thing the farthest imaginable from being true, 
under the present aspect of affairs. 

I think it due to the country, and the party of our opinion politically, 
that you should accept the office. 

I would not have written you, but our friend General Coffee, on being 
informed of the facts above, suggested the propriety of my writing — say- 
ing he had done so — and if it did no good — no harm could come of it. 

As a Western man, I should feel disagreeable with all strangers in the 
cabinet — one old acquaintance of General J. ought to be there — and a 
man not wanting too much hereafter — one that feels as if, " in the fork of 
the poplar, safe from the pack." Out of Tennessee he cannot be found. 
If you refuse, we will feel restive, unsafe, and anxious. 

The Kentucky people in the south of the State are generally for office 
on the Clay side — the aspirants are waiting until they are wearing out 
with age — are becoming doubtful that a union of N. Light Federalists 
with Kentucky republicans, if possible, cannot last — are dropping off, and 
if the government is successfully administered, will not long seriously 
oppose it. Such are the symptoms at present. 

For your health and happiness accept my best wishes. 

J. N. Catron. 



Washington City, 1st May, 1S31. 

Dear Judge : I have just parted from the President. He informs me, 
confidentially, that you have declined the office of Secretary of War. 
The old man said he wrote you yesterday, urging you still to accept. 

I know your friendship for the President, and I know, too, Judge, the 
sacrifices you have ever been willing to make for the love of your country. 
I write this at the request of the old General, because he says I have 
been present here, and can describe plainly to you the situation of things 
as they are. The old man says, that all his plans will be defeated unless 
yon agree to come ; should it be but for a period short of the continuance 
of his Administration. The public have settled down on you, Judge, as 
the man. The wishes and confidence of every one seem to require your 
acceptance. Nothing that- you can offer will satisfy your friends ; 
because, as the old man says — this is a crisis in which he wishes his best 
friends to be with him — and you well know that you are the nearest ; so 
he declares, Judge — now for my own views. The good of the country — 
the honor of your best friend — the character of the State — and, lastly, it 
must not be said, that aid is refused the old chief from Tennessee, and 
that, too, by Judge White. 

Judge, pardon me for attempting to influence you. I write because I 
know you will do one thing, and that is, believe what I say. Could you 



\ 



250 MEMOIR OF HUGH. LAWSON WHITE. 

but witness the anxiety of the General, and the distress that follows, 
under the supposition that you will not join him, I know you would 
yield. Yours truly, 

F. W. Armstrong. 

The importunities of these mutual friends did not succeed in effect- 
ing their object, and it was determined to make another attempt to 
operate upon Judge White from another quarter. For this purpose 
General Jackson, accompanied by Judge White's brother-in-law, 
Judge Overton, visited Virginia, and conferred with Mr. Tazewell ; as 
it was well known that the relations existing between Mr. Tazewell 
and Judge White were of the most intimate and friendly character. 
Mr. Tazewell, in speaking of the alienation of General Jackson from 
Judge White, says : 

Under this impression, I was somewhat astonished at an incident 
which I will now relate. During the summer or fall of 1831, General 
Jackson, accompanied by Judge Overton, of Tennessee, paid a visit to 
Old Point Comfort, a watering place not very far from here. So soon as 
I was able, after I was informed of their arrival there, I called to see 
them. Upon this occasion, I was told by Judge Overton, that the office 
of Secretary of War, then vacant, either had been or would be offered to 
our friend Judge White ; and I was asked my opinion as to his qualifica- 
tions to fill it, and as to the probability of his accepting it. To these 
inquiries I replied promptly, that the war department, during several 
years past, had been getting into much confusion, as I thought, and that 
none of my acquaintance was so well calculated to restore it to order as 
Judge White, of whose unwearied industry and sound judgment I had 
had the best opportunity to form a correct opinion. But that from my 
knowledge of him, I did not believe that he would accept such an 
appointment. Judge Overton concurred in the opinions I had expressed ; 
and as I believe communicated them to the President. For in a very short 
time, similar inquiries were addressed to me by the President himself, to 
which I returned the same answers. He too expressed his apprehensions 
that Judge White might not accept; and requested that I would write to 
him, advising him to do so. With this request I declined to comply, 
stating to Gen. Jackson as my reason for doing so, that I thought it would 
be indelicate on my part to give such advice to any one situated as 
Judge White then was. I had just heard of the sad domestic bereave- 
ment with which he had been afflicted. 

When we met in Washington, at the commencement of the next session 
of the Senate, I communicated to Judge White the substance of what 
had occurred. He then informed me, that the war department had been 



SINGULAR POSITION OF JUDGE WHITE. 251 

offered to him, which he had promptly declined; and thanked me, with 
much feeling, for the part I had taken in the subject, of which Judge 
Overton had informed him. 

His utter refusal to accept this position under Gen. Jackson, and 
thereby to aid in the elevation of Mr. Van Buren, to the Presidency ; 
his firmness and impartiality in favoring Mr. Clay's compromise in 
1832 ; his endeavors to check the constantly increasing patronage of 
the executive, by voting against large appropriations, to be expended 
as the President might choose ; and above all, his permission to his 
friends to use his name as a candidate for the Presidency, in opposi- 
tion to Mr. Van Buren, gradually alienated Gen. Jackson from him, 
and at last widened the breach between them, until they became 
totally separated in their feelings and principles. 

Judge White's position in the Senate now became singular. If 
there was any one of his own political sect whose judgment coincided 
with his, the moral courage was wanting to stand by the side of one 
looked upon as a victim marked for destruction. But this isolation had 
no terrors for Judge White. Although his course was necessarily 
solitary, yet it was marked with a fixed determination at any hazard 
" to maintain what he believed sound principles and sound practices, 
under the supposition that his constituents, when they re-elected him 
to office in 1835, intended he should resist every attempt of the 
executive through his patronage to influence public opinion; 1 '' and but 
few public men ever received such decided marks of approbation, or 
were so fully sustained in their course, as he by the people of his own 
State. 

When the subject of the Presidency was agitated in 1838, and Mr. 
Clay and Mr. Van Buren seemed likely to be the favorite candidates 
of the two parties, Judge White, who had opposed the ruinous policy 
pursued by the latter, in his administration of the government, did 
not stand aloof because he could not find a candidate to suit his own 
views in every particular. Had it been his province to nominate one, 
he would not have selected either of these gentlemen, as he differed 
from them both upon important questions ; but as this was not his 
prerogative, and he felt no disposition to occupy a neutral position, he 
deemed it expedient to support the one whose policy would best pro- 
mote the interests of the country. With these views his choice was 
fixed upon Mr. Clay, and he avowed his determination as a private 
citizen to sustain him for the Presidency — but at the same time 



252 MEMOIR OF HUGH LAWSON WHITE. 

declared his purpose to resist in the Senate, any measure which in his 
judgment might be adverse to the prosperity of the nation. Instead 
of Mr. Clay, Gen. Harrison was the nominee of the Harrisburg Con- 
vention, and although Judge White would have preferred the former, 
he announced his determination to support the new candidate. This 
he would doubtless have done in good faith had his life been spared. 



CHAPTER XIII. 

RELATIONS TO MESSRS. GRUNDY, POLK, JOHNSON AND CATRON. 

The peculiar relations which these gentlemen sustained to Judge 
White, and the prominent position they occupied as politicians, ren- 
der it necessary to take special notice of their course. Judge 
Grundy was for a number of years Judge White's colleague in the 
Senate. They all belonged to the same political party. Although 
not on terms of particular intimacy, they labored together harmo- 
niously up to 1834, on most points of importance. Judge White 
had the kindest feelings towards his colleague, and never doubted the 
sincerity of his professions, until certain developments connected with 
a meeting at Washington, which was designed to test Judge White's 
strength in the Tennessee delegation, proved that his friendship was 
not to be relied upon. About this juncture, affairs connected with 
Judge Grundy's course in regard to the U. S. Bank, proved that 
the suspicions awakened as to his fidelity were not without founda- 
tion. 

To Mr. Polk, Judge White was very much attached. During the 
session of 1833-34, when he and Col. Bell were both run for 
speaker of the House of Representatives, Judge White wrote to the 
editor of the Knoxville Register — " Polk and Bell were both run for 
speaker ; the latter is elected. I fear a want of kind feelings between 
them may grow out of the canvass, and be the means of dividing, at 
home, those who now pass for friends. Both are to me like children ; 
therefore I took no part in the contest. 

" Justice to these gentlemen, as well as sound policy, requires that 
nothing should be said, or done, which can have the effect of wound- 
ing the feelings of either." 

Some months after this, during the summer of 1834, Judge 
White's name was freely used in connection with the Presidency. 
Upon hearino- of some threats from Gen. Jackson of what he would 

1 ' ° 253 



254 MEMOIR OF HUGH LAWSON WHITE. 

do, in such an event — Judge White addressed a letter to his friend 
Mr. Polk, and received the following- answer : — 

Columbia, Sept. id, 1834. 

Mv Dear Sir : I received your letter of the 26th ult. on yesterday. 
T am surprised and astonished at the information which has been 
communicated to you — that one of your oldest and most valued friends* 
now high in office, has said that " he will denounce you as soon as it is 
ascertained that you are willing to oe a candidate,'''' <&c. There must be 
some mistake about it. It certainly cannot be so; and unless your 
information comes in a most unquestionable shape I should be slow to 
believe it, but should much sooner suspect that the communication came 
from an interested source, or from one having some object to effect, by 
separating in feeling at least, old and long tried personal and political 
friends. It has not been a great while since the person to whom I pre- 
sume you must allude, gave public evidence of the estimate in which he 
held your private and public character ; as well as of your capacity for 
high office, by his willingness to have you associated with him in highly 
confidential and responsible public relations. This opinion of you was, 
I Tcnow, long since that time unchanged, and I have never had any reason 
to believe, for one moment, that his former confidence in you was in the 
slightest degree impaired. I would much sooner suspect the accuracy of 
my information therefore, than yield for an instant to the impression 
which the information itself is calculated to make upon your mind. 
Nothing could pain mutual firiends more, than the idea, that anything 
could occur, to break up, or in the least disturb the intimate relation of 
private friendships which have existed for more than forty years, or to 
separate those now in the evening of life, who for so many years have 
acted together upon public affairs, and who have always agreed — with 
perhaps unimportant exceptions — upon all measures of public policy, and 
especially those which have engaged the public attention, during the 
present and pending Administration. 

I am very sincerely, 

Your friend and obt. servt., 

James K. Polk. 

It would appear from the contents of the above letter that Mr. 
Polk was at that time not well informed as to the sentiments of Gen. 
Jackson in regard to his successor ; but so soon as he became fully 
satisfied on this subject, a certificate which we will insert presently, 
will show, that his determination was taken, to shape his course 
according to the President's wishes, although motives of personal 

* Gen. Jackson. 



THE PRESIDENCY. 255 

policy, and the watchful eye he ever kept in the direction of his own 
political aggrandizement, decided him not to define his position until 
after his re-election the ensuing August. 

It was already understood that the party would support the nomi- 
nee of the Baltimore Convention. Judge White's friends determined 
that at the meeting which was organized to test his strength, his 
claims should be presented without respect to this convention. No 
one better knew than Messrs. Grundy, Polk, and Johnson, what 
would be the result of the Baltimore Convention, and none better 
understood the object of this meeting, and yet in the face of all this 
they made slight excuses for absenting themselves from the meeting 
— but at the same time, avowed that they were in favor of Judge 
White, and privately pledged themselves to his support, as the certi- 
ficate above referred to, shows. 

The following letter written a few weeks after this meeting by 
Judge White to E. Alexander, Esq., shows the course these gentle- 
men were pursuing towards him. 

Washington, Jan. 12, 1835. 

My Deab Sie : I have avoided, during the present session, writing to 
any person when I have not been compelled to answer letters, for rea- 
sons obvious to you. 

"While society is employed in scrutinizing my character with a view to 
know whether they will wish to employ me in a public station different 
from that which I now occupy, I hold that I ought so to conduct myself, 
as to give no reason to suspect that I am saying or doing anything with 
a view to influence the public judgment. 

Three of my colleagues, Grundy, Polk, and Johnson, think the use of 
my name as a candidate for the highest office known to our government, 
may be the means of breaking up the democratic party, that it will be 
disapproved by my own State, and that by not stopping the use of it, I 
am placing myself in a situation that must destroy me at home, as well 
as abroad. In this view of things they are zealously and cordially sup- 
ported by Judge Catron, who has been here some time. Mr. Laughlin 
from Nashville, arrived here on the 8th inst., and it is said comes here 
to aid these gentlemen by his services as a letter writer. 

All the other representatives from Tennessee think differently, and 
urge, in conversation, my pretensions, and represent the wishes of my 
State as being different from what is urged by Mr. Grundy and those 
who act with him. "Which of them is right, I do not profess to know. 
All I have said, and all I will say is that / have had no agency in causing 
my name to be used and I will not prohibit the use of it. My political 
friends at home and abroad I hope and believe have not used it, and will 



256 MEMOIR OF HUGH LAWSON WHITE. 

not use it for any purpose other than the interest of the country; and 
whenever they are satisfied the country will he injured, not benefited, 
by its use, they will give me sincere pleasure by withdrawing it. 

Neither Mr. Grundy, Colonel Polk, Colonel Johnson, nor Judge Catron 
has ever alluded to the subject in conversation with me, and I cannot but 
feel it personally unkind, that any of them should be injuring me in the 
judgment of strangers without knowing from myself whether I deserve 
their condemnation or not. 

The honorable judge is, I think, treating me with great unkindness to 
give every body else the benefit of the information he has acquired in 
his extensive travels, and withhold it all from me. 

He is viewed by some of my friends as a political commissary, sent out 
to receive just such news as he has brought, and in consideration of his 
endeavors to detract from my standing here, and destroy me at home, he 
hopes to fill the first vacancy on the bench of the Supreme Court of the 
United States, which can with propriety be given to him. In all this 
matter I feel no personal interest ; a greater personal favor could not 
well be bestowed on me, than by leaving me at home after the 4th of 
March next. 

These people are preparing for a great effort in Tennessee next sum- 
mer. They think they can send to the legislature such materials as will 
supersede me in the Senate. Thus dropped, my pretensions to anything 
else are at an end. 

I put np no pretensions to anything, and therefore can never be disap- 
pointed. 

Subsequent events showed Judge "White's surmises to be correct. 
A correspondence in February, 1835, may demonstrate that Polk and 
Johnson, at least, had determined to pick a quarrel with Judge White 
if possible. He had made certain inquiries of them as to a nomina- 
tion for the district attorneyship of West Tennessee. The note con- 
taining the inquiries was answered by the following sour epistle, in 
Mr. Polk's handwriting : 

Washington Citt, Feb. 25, 1835. 
Dear Sir : We have received your letter of yesterday, in relation to 
the nomination of Mr. Brown, of Nashville, to be District Attorney of 
"West Tennessee, which you inform us is now pending before the Senate. 
You express your surprise at this nomination, as you " had not heard of 
Mr. Collingsworth's resignation, and knew that Mr. Brown had come to 
this place as an applicant for the office of Judge in Arkansas." You state 
that we " are the only members of the Tennessee delegation who have 
recommended Mr. Brown," and you " therefore presume" that we " are 
the only ones here acquainted with the circumstances," and you " there- 
fore ask" us " to inform" you " whether the profession in Nashville and 



CORRESPONDENCE WITH POLK AND JOHNSON. 257 

the other parts of "West Tennessee -were apprised of Mr. Collingsworth's 
resignation, so that recommendations for others might have heen fur- 
nished before the nomination of Mr. Brown." In answer to this inquiry 
we have to state, that it is known to you, that we left town early in 
November. At that time we had not heard the resignation of Mr. Col- 
lingsworth spoken of, and whether and to what extent his intention to 
resign had subsequently to that time attained publicity, you as well as 
other members of the delegation have the same means of knowing that 
we have. * * * "We have to regret the opinion which you seem to 
have formed that "the case as it stands is calculated to make the impres- 
sion that there has been a secret contrivance to have Mr. Brown 
appointed, before his brother lawyer could be apprised that the office was 
vacant." "We are not aware of any such " secret contrivance." "We do 
not believe that any such exists ; but if there be the slightest grounds for 
such an opinion, we are wholly ignorant of it. If it is intended by you 
to convey the idea that we could be capable of lending ourselves to any 
such " secret contrivance," we feel ourselves called upon to repel an in- 
sinuation which, your own sense of justice must satisfy you, nothing in 
our conduct, public or private, has ever justified. You must know that 
the President of the United States, who made the nomination, is equally 
incapable of lending himself to any such "secret contrivances," for the 
advancement of any such purposes as those indicated in your letter. 
You must know further, that the President of the United States Avas inti- 
mately acquainted with the members of the bar at Nashville, as much so 
as any representative of the State could be, and from his knowledge of 
their qualifications and character was in possession of information to 
enable him to make the nomination without any recommendation what- 
ever. Although this was the case, and was known to us, still we did not 
hesitate, at the request of Mr. Brown, to address the letter in his behalf 
to the President, which we infer from your letter, has been communicated 
to the Senate, and read by you. In recommending Mr. Brown, we have 
done nothing more than we have often done for other citizens of the 
State, who have desired letters to be addressed to the executive for ap- 
pointments within his gift. "We think it probable that you and others 
of the delegation have often addressed such letters to the President. * * 
It is proper that we should add that we have understood that a recom- 
mendation had been signed by some members of the bar at Nashville, 
(though we have never seen it), in favor of the appointment of another 
person. The President, with a personal knowledge of both gentlemen, 
as well as of the other members of the bar at that place, possessed infor- 
mation altogether sufficient to enable him to select a person qualified for 
the office. He has chosen to nominate Mr. Brown. 
Your obedient servants, 

James K. Polk, 

C. JOUNSON. 

17 



258 MEMOIR OF HUGH LAW SON WHITE. 

To this prickly effusion Judge White answered immediately and 
temperately, but with all needed plainness, as follows: 

Gentlemen : Your favor of this date, in answer to mine of yesterday, 
was handed me a few minutes since. 

During the last session of Congress an idea was somehow taken up in 
"West Tennessee, that Mr. Collingsworth would not be re-appointed ; and 
several members of the bar were applicants for the office in case it should 
be vacant. Mr. Collingsworth was, however, appointed and continued 
in office until 25th of January, when he resigned. His resignation was 
received at the State department on the 2d February, and on the 4th Mr. 
Brown was nominated, and until some days after the nomination, I had 
no knowledge that Mr. Collingsworth had resigned. I had been informed 
that Mr. Brown's business here was to procure the office of judge in 
Arkansas. 

Under these circumstances I really did think, as I had heard of no appli- 
cation on behalf of any other gentleman, and as there did not appear 
among the papers any recommendation this winter from the profession, 
that it was my duty to the profession to make some inquiry to know 
whether they had been fairly treated. I found no recommendation from 
any of my colleagues except you, and very naturally concluded you could 
give me the information I desired ; and I was the more inclined to apply 
for it, having always had a good opinion of Mr. Collingsworth, with whom 
I was acquainted, and having received a very high character of Mr. 
Brown, from friends in whom I had confidence. 

I regret to see the spirit in which this inquiry is met in your letter ; 
and that you feel yourselves called upon to " repel" what you are pleased 
to fancy an imputation upon yourselves, and upon the President of the 
United States. Neither of you believes for one moment that I intended 
to insinuate anything to his disadvantage, nor can you believe from the 
style of my letter that I intended any imputation upon Mr. Brown. I 
sincerely wish that if ever the President should be attacked, when he has 
few friends, he may find as many zealous advocates as he now has when 
he has more friends than he can provide for. 

I have too long known the President to insinuate aught to his disad- 
vantage, or that he is capable of sanctioning a secret contrivance to do any- 
thing incorrect if he knew it; but, I tell you in candor, that I have not 
the same exalted opinions of all other. Many of those who beset him 
with professions of friendship, I think every way capable of making every 
cent out of him they can, either by telling what they know to be untrue, 
or by suppressing what they know to be true. 

It will 'be time enough for you to repel insinuations against yourselves 
when you have reason to think they are made. When /make them, they 
Shall be in language not to be misunderstood, and supported by facts 



JUDGE WHITE AJSTD THE PRESIDENCY. 259 

which will remain, any efforts to repel them to the contrary notwith- 
standing. 

I am, with great respect, your obedient servant, 

Hu. L. White. 

Despite these bold assertions by Messrs. Polk and Johnson, there 
can be no doubt of the duplicity of their conduct regarding Judge 
White; and of Mr. Grundy's participation in the same, the following 
correspondence respecting him and Mr. Polk appears to furnish suffi- 
cient evidence. 

You, sir, must remember, that as soon as the subject of the meeting was 
taken up, it was mentioned, as a matter of regret, that all the members 
of the delegation friendly to the Administration were not present, as it 
was very desirable that the views of all should be known, and, that what- 
ever course should be resolved upon, should be done by the unanimous 
voice of the delegation. To this it was replied by one of the undersigned 
that although a part of the delegation were not present, the absent gentle- 
men had been consulted upon the subject of the meeting, and that their 
views had been expressed, and were known to one or more present. 
Whereupon one of the undersigned (Luke Lea) stated that he had requested 
Col. Polk to attend the meeting, and that he said he did not think he could 
do so, owing to the personal relations in which he stood to some of the 
delegation, and asked the relator's advice upon the subject, but although 
he declined attending, he stated he was for Judge White in preference to 
any other man for the Presidency — that the people of his district were 
for him, and that he would go as far as any of the delegation, in support 
of his election under any circumstances that he, Judge White, would per- 
mit his name to be used. Another one of the undersigned (James Stan- 
difer) stated that he had conversed with Mr. Grundy upon the subject of 
Judge White's being a candidate, and had requested him to attend this 
meeting; that Mr. Grundy said that he did not know that it would be 
altogether proper for him to attend the meeting, but if Judge White was 
brought out, he would show by his actions that he was as much his friend 
as any other man, and would support him in any way in which he would 
permit his name to be run. The same member stated, that he had seen Mr. 
Blair, who was out of the city that evening, and that Mr. Blair had told 
him, that Judge White was his choice; that he would be found as earnest 
in his support as any other man ; and that he would co-operate with the 
delegation in whatever course they shoidd adopt, to bring Judge White 
out. 

This was the substance, and as near the language as we can recollect, 
of the report made in your hearing, of the views of those gentlemen who 
were absent, and whose co-operation was sought. When they had 



260 MEMOIR OF HUGH LAWSON WHITE. 

finished, you remarket! that, as to Mr. Grundy and Col. Polk, you could 
state, that they stated to you last summer, at Nashville, that they should 
support Judge "White, if he was a candidate. One of the undersigned 
inquired whether Mr. Grundy and Col. Polk mentioned in that conversa- 
tion whether they expected Judge "White to be nominated by a national 
convention before they would give him their support. You replied, that 
nothing was said about a convention, and that you understood them to 
mean they would support Judge "White, if he was run as a candidate, in 
any way he would suffer his name to be used. The undersigned clearly 
understand from what you said, not only that those gentlemen were 
anxious to run Judge "White, but that you, as their friend, were putting 
in their claim to be considered original "White men. They further con- 
sidered this disclosure as an evidence of the zeal and sincerity with which 
you espoused the cause of Judge "White. 

[Signed] James Standifer, 

Balie Peyton, 
"William M. Inge, 
John Bell, 
John B. Forrester, 
Luke Lea, 

David W. Dickinson. 
To the Hon. Cave Johnson. 

January 1, 1S35. 

P. S. In making a report to the meeting of what my colleague Mr. Blair 
said when applied to to attend the meeting, I omitted to state that Mr. Blair 
objected to any formal nomination of Judge "White for the Presidency by 
the delegation. I did not understand that any member of the delegation 
proposed to nominate Judge "White under their names. 

James Standifer. 



I do not recollect the particulars of the conversation which Mr. Johnson 
said took place between him and Mr. Grundy and Col. Polk, at Nashville, 
last summer, but the impression I have is, that they expressed themselves 
favorable to the pretensions of Judge "White for the Presidency. 

"Wm. M. Inge. 



The meeting of a part of the Tennessee delegation in Congress, in De- 
cember last, for the purpose of consulting together as to the propriety of 
running Judge "White as the successor of Gen. Jackson to the Presidency, 
was a project of my own without being prompted by any one. My 
reasons for asking my colleagues to meet was, that when talking to the 



JUDGE WHITE AND THE PRESIDENCY. 261 

delegation they all, "with whom I spoke on the subject, said they were in 
favor of Judge White, but I was occasionally told that Judge Grundy and 
Col. Polk were opposed to him, which I did not believe. Being on the 
strictest terms of friendship with Grundy and Polk, I mentioned to them 
the reports I had heard, informing Col. Polk I had heard that when he 
passed through Pennsylvania a short time before the meeting of Congress, 
he had been speaking in opposition to Judge White ; he denied the truth 
of the report, and appeared angry ; and to convince me of his attachment to 
White he spoke in the highest terms of him — saying he boarded with him, 
and complained that he should be so badly belied. Col. Polk inquired of 
me if Col. Bell was for White; I told him I did not know, I understood he 
was ; he said he had understood that Bell had written letters, which could 
be produced, to some of Mr. VanBuren's friends, inducing them to think he 
was for Yan Buren. I informed Judge Grundy that I had heard he was 
opposed to White, and was throwing difficulties in the way of his election, 
which he denied, and said no man could say so and tell the truth. He 
then inquired how Col. Bell was going, I told him I did not know, not 
being in the habit of conversing with him on those subjects, but had 
understood he would support White. Judge Grundy observed that Bell 
was playing a double game, to which I replied, if he was playing a double 
game I was too old a politician not to catch him. I then determined to 
ask a meeting of my colleagues for the purpose of consulting as to the 
propriety of running Judge White ; but another object with me, which I 
did not disclose, was to ascertain who was playing the double game. 

The first or second person I spoke to in relation to the meeting, was 
Col. Bell, on the morning of the day before the meeting, on Pennsylvania 
Avenue, on our way to the Capitol. When I mentioned the object of the 
meeting, and requested his attendance, he hesitated, and spoke with cau- 
tion, and seemed to measure his words. He was well apprised that I had 
voted for Col. Polk against him for Speaker, which I supposed was the 
reason of his hesitation when I mentioned the subject of the meeting to 
him. I insisted we ought to meet and consult together, and ascertain 
whether we were all for supporting Judge White, or what other course 
we had better pursue. He at last said, if the members of his own State 
met to consult together, he did not know that he could refuse. About 
the time of the House's meeting that morning, I mentioned the intended 
meeting to such of my colleagues as I saw. I saw Col. Polk in his com- 
mittee-room, and mentioned to him the contemplated meeting, and re- 
quested him to attend. He inquired if Col. Bell would attend ; I told him 
what Bell had said to me, and that I supposed he would. Col. Polk then 
declined, remarking that he and Bell were not on speaking terms, and that 
his constituents would not approve of his consulting with a man he would 
not speak to. I then told Col. Polk I would ask Mr. Lea to call and see 
him on the subject; he replied he would be glad to see Mr. Lea at any 



262 MEMOIK OF HUGH LAWSOX "WHITE. 

time. "When Judge Grundy was requested to attend, he made use of the 
expressions reported to the meeting. 

[Signed.] James StajSTjifek 

Mount Airy, August 15, 1853. 

Polk, Grundy, Johnson, and Catron, all became fierce opponents of 
Judge White, and denounced, him as a deserter from the Republican 
ranks. Whether Judge Catron was working for pay or not, must 
perhaps remain uncertain. But it is not uncertain that he filled the 
first vacancy that occurred afterwards on the Supreme Bench. 

As had been predicted, every means was used by these gentlemen 
to induce the legislature of 1835 not to re-elect Judge White to the 
Senate ; but the people of Tennessee too well understood their course 
to be influenced by them. Mr. Polk, however, was steady to his 
purpose. From this time forward, everything that could be done was 
done by him, both publicly and privately, to injure Judge White. 
He misrepresented his course, by giving, in his "Address to the 
people," garbled extracts from his speeches ; took the stump against 
him ; and undoubtedly furnished his organ at Nashville with mate- 
rials which he had every reason to know were untrue. During the 
session of 1839, when the Instructing Resolutions were before the 
legislature, it was currently reported and believed, that Governor 
Polk attended the caucus meetings, and was unceasing in his efforts 
to have them passed. 

The sequel of these resolutions is before the world. They drove 
Judge White from the Senate. When this was accomplished, Col. 
Polk, with his usual diplomacy, after the death of Judge White, which 
soon followed, attempted to make capital of their having so long 
acted in concert : — and his organ avowed that Judge White hao T 
always been a " strict constructionist of the Constitution" — thereb) 
paying him the highest compliment according to its views that eoulr 
be passed upon a politician. 

There had never been any special intimacy between Judge White 
and Col. Johnson. They were colleagues in Congress, and boarded 
at the same house. An inspection of MS. letters and papers, reveals a 
coincidence, which is noticed here more with a view to show the 
nature of the charges that were made against Judge White, as well 
as the character of the men who made them, than as of any great 
importance in itself. In Mr. Johnson's stump speeches in 1835 he 
says, " When General Jackson was surrounded with difficulties, and 



JUDGE WHITE AND COL. JOHNSON. 2G3 

when it was necessary for him to have by his side some of his old 
and well-tried friends — he called upon Judge White and offered him 
the appointment of Secretary of State. Judge White declined to 
accept the offer. He then offered it to Mr. Van Buren. He stepped 
forward, and accepted. Since then he has been the main pillar of the 
Administration." 

It would seem that the leading Jackson men must have known, 
that Mr. Van Buren received his appointment upon General Jackson's 
going into power, and not, as Col. Johnson supposes, when he was 
surrounded with difficulties. Instead of Mr. Van Buren's extricating 
General Jackson from these difficulties, he was their very cause. But 
it is a little strange that this charge should be in substance the very 
same that was made against Mr. Johnson himself in 1833 ; and that 
he should, as the following correspondence proves, have called on 
Judge White for, and actually procured, his certificate to prove that 
to the best of his knowledge he had on a former occasion, sustained 
General Jackson's Administration. 

Clarksville, April 20th, 1833. 
Dear Sir : I find upon my arrival in my district such a variety of 
stories in circulation as to the course pursued by me, as a member from 
Tennessee, that I feel myself somewhat under the necessity of calling on 
my friends for the expression of an opinion as to the course pursued by 
me at Washington, as the most ready means of putting an end to the 
various stories circulated here. It is said here, that I have been, and am, 
unfriendly to the President and his Administration. Such general and 
undefined charges are scarcely worth notice ; but as I have two of the 
strongest men in the district to contend with, it is a matter of some 
importance to me, to suppress if possible all such accusations. I know 
they have had their origin from Major Eaton, and "W". B. L. in conse- 
quence of the course pursued by me in relation to the Chickasaw treaty, 
but that is never urged as an evidence against me. If therefore you feel 
no delicacy in the expression of an opinion upon my course, you would 
greatly oblige me by stating whether I have not uniformly sustained the 
Administration, and whether I have not been always so esteemed among 
members. I am not aware of having separated from my political friends 
upon any important question, except the Force Bill, which I thought 
unnecessary after the passage of the Tariff Bill. I shall be a good deal 
pressed by my opponents but do not fear the result. 

Very respectfully, 

Your friend, 

C. Johnson. 



264 MEMOIR OF HUGH LAWSON WHITE. 

Knoxville, May 16M, 1833. 

Dear Sir : Your letter under date of the 20th ult. was received a few 
days ago. You state that in your district a story is circulated that you 
are unfriendly to the present Administration and wish upon that subject 
a statement from me. 

In answer to this point I can only say, that so far as has come to my 
knowledge you have always in Washington and elsewhere avowed your- 
self friendly to President Jackson and his Administration, and I have 
never doubted the sincerity of your declarations. Entertaining no doubt 
that you were a sincere supporter of the Administration, I state in candor 
that I was surprised when I heard of your vote against the bill to enforce 
the collection of the revenue. 

My recollection of the passage of that bill, and the one to modify the 
tariff, is different from yours. You think the bill to modify the tariff 
was first passed, and thereby the other rendered unnecessary. 

My impression is that the bill to enforce the collection of the revenue 
was first passed in the Senate and sent to the House of Kepresentatives. 
Then Mr. Clay's bill to modify the tariff was passed by the Senate and 
also sent to the House. The House then took up the Tariff Bill reported 
by the Committee of Ways and Means, and amended it by striking the 
whole of it out and inserting the bill which had been sent by the Senate, and 
thus amended the House passed the Tariff Bill and sent it to the Senate, 
not having finally acted on the bill to enforce the collection of the revenue 
which had been first sent. The Senate took up the Tariff Bill which had 
been sent from the House and passed it twice and let it lie for a third read- 
ing until it was informed the House had finally passed the bill to enforce 
the collection df the revenue. Upon receiving this information the Senate 
took up and finally passed the Tariff Bill. So that according to my recol- 
lection the Force Bill, as it is called, finally passed the House before, and 
not after, as you suppose, the bill to modify the tariff. 

But as to myself, I repeat I never doubted the sincerity of your attach- 
ment to the Administration, nor do I now, although I differ with you in 
opinion as to the propriety and necessity of passing a bill to enforce the 
collection of duties. 

With sincere esteem, 

Your obedt. servt., 

Hu. L. White. 



CHAPTER XIV. 



HIS RELATIONS TO GEN. JACKSON. 



The first recorded account of the association of Gen. Jackson and 
Judge White, is at the bar of Tennessee. They were both of Scotch- 
Irish descent. Both were Carolinians by birth. Both were Ten- 
nesseans by adoption. Gen. Jackson being six years the senior, was 
on the supreme bench of the State, while Judge White was a practis- 
ing lawyer. Here a personal friendship sprang up between them, 
which lasted many years. The latter, who was never a man of words, 
but of deeds, exhibited the warm attachment he felt for his friend, on 
many trying occasions. The first manifestation we have of it, is in 
the severe trials he encountered in his trip to the Creek nation, and 
the important services he there rendered him. 

Next, when Gen. Jackson was on a trial before the Senate of the 
United States, and his destruction was sought by his enemies, in the 
highest tribunal in the nation ; when the committee reported unfavor- 
ably, concerning the manner in which the Seminole war was con- 
ducted, Judge White boldly espoused his cause, and avowed the 
opinion that Gen. Jackson deserved praise rather than censure ; 
incurring by so doing the displeasure of some of the most prominent 
members of the government. 

In 1824, when Gen. Jackson was first a candidate for the Presi- 
dency, a majority of the legislature of his State wished to send him 
to the Senate. Judge White was in Murfreesboro' (then the seat of 
government), and remonstrated against such a movement as impolitic, 
for the reason that his election to the Senate must necessarily diminish 
his chances for the Presidency. A majority however differed with 
him, and chose to run Gen. Jackson for the Senate. Judge White 
found no fault with them for so doing,\but uniformly urged the pro- 
priety of acquiescence by the voters of East Tennessee in the decision. 
He steadfastly believed in Gen. Jackson's honesty ; considering that 
he possessed qualities which would make him highly useful to the 

265 



266 MEMOIRS OF HUGH LAWSON WHITE. 

country, when associated, with honest, honorable, and well-informed 
men ; and on all occasions and at all places, unfalteringly supported 
the General's claims to the Presidency, both in 1824 and in 1828. 
Of the estimation in which Gen. Jackson held Judge White, before, 
at, and even after the time of the elevation of the former to the Pre- 
sidency, abundant evidence is extant in the General's own handwriting, 
and in that of his well-known confidential friends. In truth, as a 
well-informed friend of both parties has said, " the entire policy of the 
Jackson administration was directed by Judge White, so far as cur- 
rency and Indian emigration West were concerned — which embraced 
two-thirds of the Jackson policy now memorable." 

Major J. H. Eaton writes him as follows, February 23d, 1829, while 
arrangements were being made for the organization of the cabinet 
and for the determination of the course of the Administration : 

Dear Sir : A letter received some time ago from Gen. Jackson, stated 
he desired you, or me, to be near him. In a recent conversation with 
him, he remarked that he had had a full aud free conversation with you; 
and at the close remarked that he desired to have me with him. I pre- 
sumed, without inquiring, that he had probably talked with you on the 
subject, and that you had declined accepting any situation, as yon before 
had told me would be your feelings. Nothing definite has taken place 
on this matter between General Jackson and myself, and I hope you 
know me well enough, and my regard and friendship for you, to know 
this, that I should never permit myself to stand in competition with any 
desire you may entertain. If you have any desire, say so to me in con- 
fidence, and it shall so be received. If you have none, then in reference 
to every and all considerations I should consent to any such appointment. 
Think of this, and give me your opinion frankly. 

Your friend 

J. H. Eaton. 

Gen. Jackson's wish to have him in his cabinet, upon his first 
accession to power, and the anxiety manifested by both him, and 
his friends, in 1831, that Judge White should take charge of the 
War Department (though, from Mr. Tazewell's account, he seems 
not to have been in full communion with the party at that time), 
prove the President's unlimited confidence in his integrity and his 
capacity for business. These honors were not tendered to Judge 
White in compensation for any favors he had shown the Adminis- 
tration, or its members. Both General Jackson and his friends 
expressly stated that it was for the benefit of the Administra- 



HIS RELATIONS TO GENERAL JACKSON. 267 

tion and of the country that they urged him to accept ; knowing full 
well, that such motives only would govern him. Judge White, how- 
ever, declined to accept in the first instance, for reasons hest known to 
himself. The cause which led to the dissolution of the cabinet in 
1831, and which he relates in his "Address to the Freemen of Ten- 
nessee," was a scheme, which he would not have sanctioned for a 
moment, under any circumstances, and was doubtless one cause of his 
refusing to go into the cabinet at that time. 

He earnestly desired to retire from the Senate in 1829-30 and 31 ; 
but, to please Gen. Jackson, and his friends, who assured him they 
could not dispense with his services in that body, he remained ; and 
while there gave Gen. Jackson his hearty support on all measures, 
which were not at variance with his professed principles. 

The following quaint letter from General Jackson will exemplify 
the terms in which the continuance of Judge White's services in the 
Senate, or his acceptance of higher office, was sought, or acknowledged 
by the President : 

Washington, OcVr 12th, 1829. 
My Dear Sir : — 

I have rec'd your letter from Nashville, 26th ult., and 
am pleased to learn from it your determination to remain in the Senate 
a little longer. Your services there, for the present, is* all-important to 
your country, and your continuance in the Senate very gratifying to me. 
The severe affliction by the loss of so many of your children, I was 
aware, made public life a burden to you; still, I knew the high estima- 
tion in which your public services were held by your country, and that 
you would find it difficult to obtain the consent of your constituents to 
retire ; am truly happy that you have consented to continue, for I had a 
hope that I would have your aid in the Senate so long as I remained in 
the executive. Both of us, I do suppose, would be more contented 
and happy in private life ; but the lordt hath willed it, and we must 
submit. 

How grateful I feel to you for your kind and friendly visit to the Her- 
mitage, where lies all that made life desirable to me, and whose loss I 
can never cease to mourn, and over whose tomb I would like to spend 
the remnant of my days in solitude, preparing to meet her in a happier 
and a better world. 

Be pleased to present me kindly to every branch of your family, and 

believe me your friend, 

Andrew Jackson. 

* So written in the original. t So written in the original. 



268 MEMOIR OF HUGH LAWSON WHITE. 

Judge Overton, a confidential friend of the President, writes in a 
similar strain : — 

Nashville, Oct. 5th, 1830. 

* * * * I pray God that you may he ahle to get along amidst 
your accumulated misfortunes, without resigning your seat in the Senate. 
The Gen'l* and myself are sensible of your value to the country at all 
times and under any circumstances ; hut now, my friend, your presence 
in the Senate, is all-important * * * The times, especially as respects 
the Senate are peculiarly delicate and hazardous. 

One staunch, undeviating and intelligent friend there now, is a jewel 
of the first water, and without its compeer. I have always, and so does 
the Gen'l, viewed you as such. But if there he any other, I do not 
know him. * * * 

Your friend as usual, 

J. Oveeton. 

The following letter, of later date, refers to the Secretaryship 
offered to Judge White when General Jackson was reorganizing his 
cabinet, with reference to the support of Mr Van Buren as his suc- 
cessor in the Presidency. 

Nashville, Sd May, 1881. 

Deae Sie : "We have just received in handbills the account of a gene- 
ral dissolution of the cabinet at "Washington, by resignation of all the 
principal secretaries. I suppose you have seen the same, and probably 
more, as rumor says the new cabinet has been designated, and that you 
are one of them. The friends of the President here are highly pleased 
with the arrangement, and more particularly that you will be with him. 
My dear sir, I know, that you are not desirous to be placed in such a 
situation. We all know that you have ever refused to accept of appoint- 
ments to leave home. But at this particular crisis, when all seems to be 
at stake, and nothing but a firm steady course, to be well marked out, and 
steadily pursued, by the Administration, will or can support us, and pre- 
vent division in the republican ranks, I hope you will make the sacrifice of 
feelings, and accept of appointment if called on by the President ; and I 
feel assured that in his present situation, his attention would first and 
very naturally turn toward you, in whom he can confide. You and he 
have grown up together, and have passed from youth to mature and some- 
what advanced age; your friendship has been uninterrupted: you 
understand each other, and I believe your political views are the same ; 

* Jackson; with whom Judge Overton was very intimate. 



HIS RELATIONS TO GENERAL JACKSON. 2 09 

and from these circumstances and facts, there is no one so well fitted to 
be with him as one of his counsellors and advisers, as you are ; and there- 
fore it is the earnest wish of your friends here that you will yield to the 
call. * * * 

I beg you, my dear sir, to accept my best wishes for your health and 

happiness. 

Jno. Coffee. 



In such terms was the support and co-operatioD of Judge White 
acknowledged, and the continuance or special use of the same solicited 
by General Jackson and his confidential friends during his first 
Presidential term. 

There is little doubt that the uncompromising and inaccessible in- 
dependence displayed by Judge White was profoundly displeasing 
and disappointing to the President and his especial co-laborers in 
political schemes for the future. That this was the case, and that 
Judce White saw it and coolly and unfalteringly recognized it, and as 
coolly and unhesitatingly disregarded both the anger and its conse- 
quences, when principles and consistency recpiired it, the following 
extract from a letter to a confidential friend* is sufficient evidence. 



Senate Chamber, May 18, 1832. 

* * * The true reason why nothing I have said is noticed in the 
Globe, I have no doubt is, because I have never assured any man that as 
soon as Gen. Jackson's terms of service are at an end, I will use all my 
endeavors to elect the favorite of those who direct the operations of that 
paper. I am for Gen. Jackson ; but am not either a Calhoun Jackson 
man, or a Van Buren Jackson man, and therefore it is pleasing to the 
Globe and Telegraph not to notice favorably anything I can say or do ; 
and as I am opposed to Mr. Clay, his papers will of course speak disre- 
spectfully of me. Notwithstanding all these difficulties, I will go on 
exactly as I have done, making myself as useful as I can ; determined to 
leave myself at liberty, when Gen. Jackson is off the stage, to exercise 
my own judgment on the question of a successor. 

I cannot attend the Baltimore Convention, from which I expect 
nothing of benefit. My duties in the Senate preclude the possibility of 
my being absent. 

Your friend, 

He L. White. 



* F. S. Ileiskell, Esq., editor of the Knoxville Register; a true and able friend of Judge 
White, and to whom were written many of the letters used in this volume. 



270 MEMOIR OF HUGH LAWSON "WHITE. 

Even at an earlier date, there is reason to believe that advisers of 
the Administration, if not the President himself, had begun to har- 
bor secret dislikings against Judge White. The cause, in all proba- 
bility, was apprehended opposition, or at least failure of hearty sup- 
port from him, in their scheme of a re-election of General Jackson : 
a plan which flew directly in the face of their previous noisy advo- 
cacy of the one term principle, and which was justified only on the 
ground of its being necessary to keep "the party" together; although 
its secret motives were the doubts of Calhoun and Van Buren 
respectively whether an election as Jackson's successor was at so 
early a day in their power. There seems no other interpretation for 
the allusion in this extract from a letter, of date April 28, 1830. 

* Mr * The Bill to provide for a removal of the Indians west of the 
Mississippi has finally passed the Senate by a vote of 28 to 19. This has 
taken off my mind a burthen which has been oppressive from the com- 
mencement of the session. I hope it may pass the other house. 

Cold as the notice taken of our exertions in the Telegraph* is, no 
Georgian nor Tennessean will ever be mortified by hearing the debate 
spoken of, if truth be told. We had, I think, in the estimation of all 
intelligent men, at least as much ascendency in the argument as we had 
in the vote. As good fortune would have it, Judge Overton, Collings- 
worth, district attorney of West Tennessee, Major Armstrong, and many 
others from different quarters, were present, and know that our side was 
sustained in a style which gratified our friends, and mortified our 
opponents. 

I have not, nor will I, commit myself to support any particular pre- 
tender ctfter Jackson is off the stage. Of course I shall never have my 
exertions applauded in the Telegraph, nor in any other paper published 
here, while things remain as at present. 

I have as much of the kind feelings of all as I can expect, unless I 
become the partisan of some one, which I do not intend to do prema- 
turely. 

Your friend, 

Hir. L. White. 

We here insert a correspondence between Judge White and 
Francis P. Blair, editor of the Globe. This also may be interpreted 
by the supposition of positive or negative unfairness in that print; 
which must be supposed to originate from an apprehension similar to 

* Conducted by Duff Green, and in the interest of Calhoun. 



HIS RELATIONS TO GENERAL JACKSON. 271 

that alluded to in Judge White's letter of May 18th. It presents 
evidence of the high valuation set upon his services, that such elabo- 
rate efforts were made to keep on good terms with him ; and his 
terse replies indicate consciousness that his offences against the 
friends of the Globe, being such adherences to principle as would 
necessarily exhibit by contrast their dereliction from it, could not in 
fact be atoned for except by some means which he would not stoop 
to use. The first overture is from Mr. Blair, dated June 2d, 1832, as 
follows : 

Dear Sir: Doctor Jones and Major Lewis have both informed me 
within a day or two past, that some person (whose name they did not 
give me) is using to my disadvantage, a displeasure which it is said you 
have conceived at my course in relation to yourself. 

I am confident there must be some mistake in this matter. Enter- 
taining as I do the highest consideration for your character, and having 
as I trust, manifested the respect I bear you, as far as opportunities have 
permitted me, I feel the most perfect consciousness that I can have done 
nothing to offend you ; certainly not intentionally. I am equally cer- 
tain that your elevated sense of propriety would not conceive an offence 
unless you had some reason to believe one was intended. 

Do me the favor to inform me frankly whether anything has occurred 
which could authorize the assertion made by others that I have given you 
cause of dissatisfaction. I assure you that it will give me gratification to 
explain any accidental omission or inadvertence on my part, which may 
have excited a feeling to authorize the report to which I have alluded. 

Your most obedient servant, 

F. P. Blair. 

To this Judge White replies, on the next day but one : 

Dear Sir: Your favor under date of the 2d was handed me yesterday 
afternoon. In answer to its contents permit me to say, that as I am 
ignorant of what Dr. Jones or Major Lewis may have reported to you, 
as proceeding from me, I am, of course, unable to make any state- 
ment. 

I have been a pretty attentive observer of the course of the Globe, and 
on some occasions expressed the opinion I entertain, not only of it, but 
of the motives of those who influence it. 

For myself, I have no inducement to trouble the editor to explain any 
part of his conduct. It is sufficiently explicit to enable me to form 



272 MEMOIR OF HUGH LAWSON WHITE. 

opinions upon every point, in relation to him, and tlie patrons of his 
paper, where- it may become my duty as a public man, to act. Most 
respectfully, I am 

Your obt. servt, 

Hu. L. White. 



June 8th, Mr. Blair makes a still more elaborate effort, thus : 

Dear Sir : On the first perusal of your note of the 4th instant, it 
seemed to preclude any further correspondence between us. Upon a 
further consideration of it, I am led to believe it may not have been so 
intended. 

It is proper that I should inform you that Major Lewis and Dr. Jones 
reported nothing to me as proceeding from you. They merely stated 
generally that they had understood that I had in some way occasioned a 
dissatisfaction in your mind, and that this feeling on your part was used 
to my injury. From respect to you, and a wish to prevent any mischief 
to me, from what originated in misunderstanding on your part, as they 
supposed, or misrepresentation on that of others, they were desirous 
that I should communicate with you on the subject. Their motives 
were honorable and charitable. 

Supposing that the cause of dissatisfaction (of which I am still entirely 
ignorant), related personally to yourself, I was desirous to ascertain the 
fault imputed, that I might dissipate it by an explanation. I felt confi- 
dent that I should have no difficulty in this, because my own heart as- 
sured me that if I had a conscience void of offence towards any human 
being, it was so in relation to you. 

From your note I am left to infer that the course of the Globe has not 
met your approbation. I am sensible of the difficulties and of the 
responsibilities I encounter as the editor of this print, and of my inade- 
quacy to meet them ; and you certainly have a right to animadvert on 
the manner in which I conduct it, because of the deep interest you have 
in the Administration, with which it is in some sort connected. But 
does not this circumstance give me some claim to ask of you in what 
particular, according to your judgment, I have offended? As the disin- 
terested, long-tried, and most trusted friend of the President, I should 
take advice from you as a kindness, and receive even censure with re- 
spect. If I have erred from want of judgment, information, or experi- 
ence ; if, as you hint, I am operated on by any sinister influence, may I 
not hope, seeing, as you do, the mischiefs I may draw down upon my- 
self, if not upon the cause with which I am connected, that you will ap- 
prise me of the danger in which I stand? 



HIS RELATIONS TO GENERAL JACKSON. 273 

" Plain and round dealing is the honor of every man's nature," and 
if there be any man living from whose character I could expect this, it 
is from yours. I ask it from you on the present occasion. I should be 
glad to have a private and, if you please, a confidential interview, that 
the mystery (with me) which has led to the present correspondence may 
be solved. 

With high respect, I am, sir, 

Your most obedient servant, 

F. P. Blair. 

To this Judge White answers, next day, still more decidedly : 

Dear Sir : Your note of yesterday has been this moment handed to 
me. You are certainly right in coming to the conclusion that my an- 
swer to your former communication was not intended to change our 
relations towards each other in any respect. 

Should you believe an interview necessary, I assure you it would at 
all times give me pleasure to converse with you ; but for the purpose of 
any explanation, no such thing is necessary. I have no desire to be on 
unfriendly terms with any man living, and cannot possibly have any 
motive for a controversy with you. 

If I have had any causes of complaint, they have been upon points in 
relation to which I can never ask or expect redress. The time for either 
explanation or remedy has gone by. They must remain as they are ; 
but, rest assured, I know too well what is due to myself as well as the 
public, to permit myself to take any course by way of redress, which is 
calculated to injure the political party to which I belong. 
Most respectfully, your obedient servant, 

Hu. L. White. 



Here Mr. Blair gave it up. 

Secret dissatisfaction at the evident impracticability of harnessing 
Judge White into the traces in which certain politicians were draw- 
ing, or indeed into any man's harness, began thus and henceforth to 
sap the friendship of the President for him. The first circumstance, 
however, which gave opportunity for open objection on the part of 
Gen. Jackson and his friends, was Judge White's vote in the 
Senate upon the Three Millions Appropriation, so called; which 
was appended to the Fortification Bill on short notice, at the 
close of the night session, March, 1835. Early in the succeeding 
session, Col. Benton in the Senate, and Mr. Adams in the House, 

18 



274 MEMOIR OF HUGH LAWSON WHITE. 

charged the senators who voted against this appropriation, with having 
caused the loss of all the appropriations contained in the Fortification 
Bill. These accusations were met by firm and fearless denials. 
During the discussion, which was conducted with great acrimony, 
Judge White (the only Administration member who voted against 
this bill) made a personal defence in his speech on the Surplus Re- 
venue, which could not fail to carry the conviction to every impartial 
mind, that instead of being governed by unkind personal feelings, he 
was just to the President, and true to his country. He showed that 
the bill was lost in the House instead of the Senate. 

That portion of this speech which refers to Judge White's vote is 
as follows : 



"I am one of those who voted against that appropriation, and against 
whom the charge is made. Against the accusation I might well plead a 
former acquittal, by the only tribunal competent to try me. This accu- 
sation was made in my own State, those to whom only I am accountable 
for my conduct here, have passed upon it, and their unanimous verdict 
of acquittal I presented the other day, and it now remains on the files 
of the Senate. But I scorn to rely on that plea ; I have a right to a 
separate trial, to plead not guilty, and give the special matter in 
evidence. 

" I do not feel that I, or any of those with whom I voted, are answer- 
able for the loss of that bill. The vote I then gave was the result of my 
best judgment. I then approved of it, have done so ever since, and pro- 
bably ever shall, so long as I am capable of reflecting on the affairs of 
this world. 

" It will be no part of my plan, to attach censure to any one for his vote ; 
all may have been governed by motives as worthy as I feel my own were. 
The time will soon come when we must all appear before that tribunal, 
where there can be no mistake either in the evidence or the judgment 
which ought to be pronounced. To that tribunal, then, where my mo- 
tives and conduct must be submitted, I cheerfully leave the decision of 
the motives of all others ; but it is due to the country and to myself, that 
I shake from my own skirts that blame which others seek to attach 
to me. 

" A few very plain views of this matter will, I think, satisfy every 
honest mind that the Senate are in no fault whatever. 

" The bill was originated in the House of Representatives, passed that 
body in the month of January, and was sent to the Senate. It then con- 
tained the whole sum esteemed by the Executive and the House neces- 
sary for fortifications and ordnance. This sum amounted to about four 



HIS RELATIONS TO GENERAL JACKSON. 275 

hundred and thirty-nine thousand dollars. The Senate might have given 
its consent to the bill without any alteration. If it had done so, there 
would have been a grant of the sum just mentioned, and no more, to 
these objects. 

" The Senate, from the best information it possessed, believed the 
defence of the country required much larger appropriations, and, as it 
had a right to do, increased some of the items of appropriation, and 
added others to the amount of about four hundred and thirty thousand 
dollars, thus increasing the grant from $439,000 to $869,000, and on the 
24th day of February, returned the bill to the House, for the purpose of 
ascertaining whether the Representatives would agree to the increased 
grant made by the Senate. If the House had simply agreed to these 
amendments, the bill would have become a law, and there would have 
been an appropriation for fortifications, &c, equal to $869,000. The 
House did not do this, but retained the bill from the 24th of February, 
till 8 o'clock in the night of the 3d of March, and then returned it to the 
Senate with a new section as an amendment to the amendment of the 
Senate. 

" This new section has been read so often, that every member, I pre- 
sume, has it by memory. It is in these words : ' That the sum of three 
millions of dollars be, and the same is hereby appropriated out of any 
money in the Treasury not otherwise appropriated, to be expended in 
whole or in part, under the direction of the President of the United 
States, for the military and naval service, including fortifications and 
ordnance, and increase of the Navy : Provided such expenditures shall 
be rendered necessary for the defence of the country prior to the next 
meeting of Congress.' 

" For one, I declare, when this new section was read, I was as much 
surprised as I could have been if it had been dropped through the sky- 
light above our heads into the bill. The chairman of the Committee of 
Finance moved that the Senate disagree to the amendment, and after 
some discussion, in which I took no part, the vote was taken, and stood 
29 to 19, mine among those in the affirmative. 

" At that time I knew not who had proposed this amendment in the 
House. The President had nc-t asked, as far as I knew, for any such 
appropriation ; there was no estimate sent from any department on which 
to found it. My belief was the President did not wish it. I supposed it 
had been offered by some member opposed to the administration, who 
wished a free disbursement of money about our seaport towns, not caring 
what embarrassment was occasioned by such a loose appropriation, and 
that in the hurry and confusion of a night session, it had been permitted 
to pass without any particular examination, and fancied that, so soon as 
their attention was particularly called to it, the House would recede 
from it, and the bill be passed as originally sent from the Senate. 



27 G MEMOIR OF HUGH LAWSON WHITE. 

" In these conjectures I soon found I had been mistaken, for presently 
the bill was returned to the Senate with a message stating that the 
House insisted on the amendment. A motion was made that the Senate 
adhere to its disagreement. Before voting on that question I took the 
liberty of stating very briefly the reasons upon which my first vote was 
given and upon which the second would be founded. ' 

" The President had sent no message asking such an appropriation, 
no estimates had been sent on which to found it. I believed it would 
have been the duty of the Executive to have sent such a message and 
estimates, and I farther believed he would faithfully discharge his duty, 
and therefore concluded that he did not think the interest of the country 
required this additional grant. Beside this, the question was then pend- 
ing and undecided before the French Chamber relative to the appropri- 
ation to comply with their treaty. I believed the strong probability was 
that it would pass, either then, or at the next session, and that with a 
little patience and good sense we should receive the money without any 
warlike preparation. This was not only my own opinion, but the de- 
clared opinion of all with whom I had conversed. 

" I was what I professed to be, and ever had been, a friend to the ad- 
ministration ; I had received no information that the President desired 
the appropriation, and I saw the section was so worded as to throw upon 
him a responsibility which he ought not to bear. The proviso left it 
discretionary with him whether the money should be used or not. I 
thought all the interest of the army, the navy, the large cities, and those 
who had ordnance to dispose of, would be brought to bear on him, to in- 
duce him to use the money: if he did order it to be used, and there should 
be no war, as I hoped and believed would be the case, he would be cen- 
sured for wasting this large sum. If he resisted all importunities and 
did not use the money, and war did come, he would be censured for not 
providing for the defences of the country. 

" Again, suppose the money to be drawn, what was to be done with it ? 
How much to the army, to the navy, to fortifications, and to ordnance ? 
■The section does not say; all is indefinite, vague, loose, and left to Exe- 
cutive discretion. 

" These reasons were satisfactory to my own mind — I voted upon them. 
From the time the three millions was first mentioned in the Senate until 
we adjourned, I did not converse, as I believe, with a single member of 
the House upon this or any other subject — nor did I converse with any 
member of the Senate except my colleague, who joined me in the lobby 
behind the colonnade, after our last vote. He was kind enough to speak 
favorably of my humble effort, and to express his regret that I had not 
made my argument before the first vote ; but neither he nor any other 
member of either House ever intimated that the President wished such 
an appropriation. 



HIS RELATIONS TO GENERAL JACKSON. 277 

" I sincerely believed he did not ; but in that it seems I was mistaken, 
and the first notice I had of my mistake was in his answer to a company 
of gentlemen in New York, who, after the rise of Congress, made him a 
tender of their service to defend the country. Whether I would have 
voted for the amendment in this loose shape, if I had known it comported 
with the views of the President, I do not pretend to say. I think I ought 
not, but am willing to state, because such is the truth, that if, upon re- 
viewing my whole votes since honored with a seat in this Chamber, any 
votes could be found which I would wish had not been given, the error 
is more attributable to my unbounded confidence in the Executive, and 
anxious desire to sustain him as far as I conscientiously could, than to 
any other cause whatever. 

"But it has been urged by the honorable Senator from New Hamp- 
shire, Mr. Hubbard, that on the 28th February the Chairman of the 
Committee of Foreign Relations of the House had given notice that when 
this bill should be taken up he would move an amendment appropriating 
one million of dollars for fortifications, and two millions for the navy, 
and that this accorded with the views of the Executive, and the gentle- 
man adds, the members of the House no doubt made this the subject of 
conversation, and that Senators would probably secure the information; 
and also that in the Globe newspaper of 2d March, this notice is pub- 
lished and has passed into the history of the country. 

" To all this I answer, I did not hear of this notice. If any members 
with whom I associated heard this notice, they never mentioned it in my 
presence. So far from it, one of my colleagues of the other House, pro- 
bably as attentive as any member there, assures me he did not hear any 
such notice; and when the amendment was under consideration he had a 
curiosity to know whether the President desired the appropriation or 
not, that he conversed with a colleague sitting near him, and neither of 
them knowing, he asked another of his colleagues, then Chairman of the 
Committee of Ways and Means, who told him the President did wish it, 
and added that he must say nothing about it. He did say nothing about 
it till since this discussion commenced during the present session. With 
the motives for this request to conceal I am not acquainted, therefore can 
say nothing. 

" The other source of information, The Globe, I did not apply to, I 
never read it till since I heard the gentleman's argument. If I had 
wished to read the newspaper for information I had no leisure, my place 
was here, my duty here, and I had quite as much as I could attend to 
without reading the Globe. If I had wished information to guide my 
judgment, and felt bound to look into newspapers for facts, the Globe 
is the last place upon earth I should look into for the truth. 

" Aeahh if I had seen this notice, I am yet to learn that the President 
has any member of this House to act as his substitute, and to give that 






278 MEMOIR OF HUGH LAWSON "WHITE. 

information to the Senate -which we have a right, by the Constitution, to 
receive from the Chief Magistrate himself. 

" Lastly, if I had seen that notice, I would not have supposed this sec- 
tion was what was intended by it. The notice was specific — one million 
for Fortifications, and two millions for the Navy. The amendment is for 
every thing relating to either sea or land, in a general mass, for the Exe- 
cutive to divide out, as well as he could, according to his discretion. 

" If the amendment had pursued the notice, it would have been well 
expressed ; but in the shape presented in the bill, I doubt whether the 
combined talents of the members of both Houses can frame a section on 
such subjects more loose, more general, and more indefinite than it is. 

"It has been insisted by the Senator from New Hampshire, that this 
section did make a specific appropriation of this three millions of dollars, 
and was justified by precedents in the days of General Washington, Pre- 
sident Jefferson, and of President Madison. 

" By the term specific appropriation, I understand that we mean the 
direction of the law to apply a given sum of money to the accomplishment 
of a particular object, in exclusion of all others. 

" If this idea be correct, this section has no claims whatever to the 
appellation of specific. The object of it was to place every thing at the 
discretion of the Executive. 1st, Whether the money should be used at 
all. 2d, If used, to apply it to any object he pleased, connected with the 
land or naval service, or defence. 

" The precedents referred to, do not bear out the arguments. The 
first is an appropriation of $116,000 to pay the civil list. Here the sum 
must all be applied to the discharge of the civil list, and nothing else. 

" The next is $70,500 for fortifications. Although it is not said what 
sum should be applied to this or that fortification, yet the whole must 
be applied to fortifications, and to no other object. The third and last 
precedent rests on the same principles. 

" In the case, now under consideration, every thing is vague, indefinite, 
and left to Executive discretion, and without any communication from 
the President, or any estimate whatever. I venture another remark, 
founded on what I heard said by a gentleman of much experience, not 
now among us, that during the period of a popular Administration, was 
the very time we must expect bad precedents to be set. 

" These precedents, incautiously set, when we have unbounded confi- 
dence in the Executive, are sure to be relied on, in after times, by those 
who may wish to use power without regard to the public welfare. 

"This section, if adopted, would in after times have furnished a pre- 
cedent, by which any grant of the public money might be made, to be 
used at Executive discretion. 

" I now put it to gentlemen with whom, on former occasions I had 
generally acted, to say, whether if such a grant had been proposed 






HIS RELATIONS TO GENERAL JACKSON. 279 

during the late Administration, a single man of them would have voted 
for it ? No. It would have been said this money would be drawn and 
used, not for the public interest, but in jobs to control and regulate 
public opinion. 

" Upon this matter, for one, I am perfectly satisfied that I, and those 
who voted with me, were right in not agreeing to this amendment ; but 
the matter did not end with the vote of the Senate, the bill did not neces- 
sarily fall thereby. Let us pursue the subject, and see when, how, and 
where the bill was finally lost. 

" The Senate returned the bill to the House, accompanied by a mes- 
sage, informing them that the Senate adhered to their disagreement to 
the amendment as to these three millions. Upon receiving this message, 
it was competent to the House to have receded from their amendment, 
and then the bill would have passed, appropriating the $869,000 pro- 
posed by the Senate ; but instead of that they took a vote, and deter- 
mined they would not recede. House Journal, page 518. After this, 
page 519, a motion was made that the House do ask a conference on the 
disagreeing votes. This motion was agreed to, and a committee of three 
appointed, and a message sent to the Senate, asking it to appoint a com- 
mittee to confer on the subject. This message is found in the Senate 
Journal, page 236. As soon as it was received, the Senate agreed to the 
conference, and appointed a committee on their part, page 237. In the 
course of a short time, the committee on the part of the Senate returned, 
and reported that the conferees had agreed to recommend to their re- 
spective Houses as a substitute for the $3,000,000, an appropriation of 
three hundred thousand dollars for arming the fortifications, and an addi- 
tional appropriation of Jive hundred thousand dollars for the repair and 
equipment of ships of war. Senate Journal, page 237. 

" If each House had agreed to this report, then there would have been 
the appropriation of $869,000 contained in the bill as sent from the 
Senate, and an addition of $800,000, making in all, instead of $439,000 
which the Executive had asked, $1,669,000. Here the question recurs, 
whose fault is it that this was not done ? Unquestionably not that of 
the Senate. Its conferees had acted promptly, and promptly made their 
report. The Senate could go no further ; it coidd take no vote, as the bill 
and other papers had been carried to the House by the conferees on the 
part of the House. This was entirely wrong. When the conference 
ended, it was the duty of the conferees on part of the House to have 
delivered the bill and papers to the conferees on the part of the Senate, 
who would have presented them when they made their report ; the Senate 
could then have sanctioned the report by a vote, which I have no doubt 
would have been unanimous, immediately sent the bill to the House, which 
could have given its sanction, and the bill become a law. Instead of 



280 MEMOIR OP HUGH LAWSON WHITE. 

this, the House conferees kept the bill and papers, and by so doing 
defeated the whole bill. 

" The rule upon this subject is so perfectly plain it cannot be mis- 
taken. It is this : in all cases where a conference is asked before a vote 
of disagreement, the conferees of the House asking the conference, when 
it is over, must take the papers back with them, because their House is 
entitled to the next vote ; but in every case where a conference is asked 
after a vote of disagreement, then when the conference is over, the con- 
ferees of the House asking the conference must deliver over the bill 
and papers to the conferees of the other House, because that other 
House is entitled to the next vote. 

" In this case the Senate had voted to adhere to their disagreement to 
the amendment. The House had after this, voted that they would not 
recede, and then proposed the conference, therefore, as the House had 
given the last vote, the Senate was entitled to the next, and to enable 
them to give it, it was the duty of the conferees of the House to have 
given the papers to the conferees of the Senate, and if they would not 
receive them, they might have been left in the committee room. 

" This doctrine, so reasonable in itself, is laid down in Jefferson's 
Manual, at 187, title Conference, in language too plain to be misunder- 
stood, and it has been practised on by Congress in the cases with which 
I am acquainted, see the case of the bill for the relief of Mr. Monroe, in 
Senate Journal, page 374, of the session 1825 and 1826, and House 
Journal of the same session, pages 616 and 628. 

" Let it not be supposed that the conferees of the two Houses were 
equally to blame for permitting the papers to remain with the conferees 
not entitled to them after the conference ended ; because the conferees 
of the Senate did not know, and had no means ofknoiving that the House 
had voted not to recede after the Senate had voted to adhere. Strange as 
the fact may seem, the truth is, that the House, in its message to the 
Senate proposing the conference, omitted to state the fact that a vote, not 
to recede, had been taken after the House last received the bill. See the 
message, Senate Journal, page 236. 

" The conferees on the part of the House knew the fact, because their 
Journal shows they were present, and voted, see the House Journal, 
page 518, 519. 

" The conferees of the House having improperly taken the bill and 
papers, and thereby put it out of the power of the Senate to take any 
step whatever, are answerable for all the consequences. 

" I do not state this omission in the message by way of censure on 
the Clerk for any intentional wrong. All these matters relative to this 
bill took place in the night, in the confusion which occurred at the end 
of the session, and it is very seldom that the most temperate and pru- 
dent are as well qualified to do business or have their wits as well about 



HIS RELATIONS TO GENERAL JACKSON. 281 

them after a comfortable dinner as they have in the early part of the 
day. 

" Mr. President, let us now see what the conferees of the House did 
with these papers after taking them from the conference room. They 
returned to the House and the chairman made no report whatever, the 
Senate waited from one to two hours, and being able to hear nothing, 
sent a respectful message calling the attention of the House to this sub- 
ject, see House Journal, page 530. Then the chairman stated that the 
committee had returned at the time a vote was taken on a resolution 
providing for the payment of Mr. Letcher, by which it was ascertained 
there was not a quorum, and that the constitutional term had expired, 
and that for these reasons he had declined making a report. Mr. Lewis, 
another member of the committee, then took the papers and made the 
report, which was never acted on, and thus the matter ended. 

" The first reason assigned for not having made the report was the 
want of a quorum, this it is said was ascertained by the vote on the reso- 
lution just mentioned. 

" The chairman ought to have put the House in possession of the 
report as he found the House in session. Had he done so, no doubt it 
would have been acted on. The Journal shows that much business 
was done afterwards, and a resolution reported by Mr. Wm. Cost 
Johnson was adopted by the House, see House Journal, from page 524 
to 530. 

" Now, if there was a quorum to do other business, to adopt other 
resolutions, how is it that there was not a quorum to receive and act on 
this report? 

"The remaining reason assigned is, that the constitutional term for 
which the members were elected had expired. In other words, it was 
after 12 o'clock on the night of the third of March. 

"How can this be? There must have been some mistake on this 
point. If it was not too late to do the other business I have mentioned, 
how did it happen to be too late to make this report. 

"Again, the most certain information we have as to time is derived 
from the statement of the honorable Senator from Virginia. He tells us 
he looked at his watch when the conferees left the Senate chamber, and 
it then wanted fifteen minutes of eleven. When they returned and made 
their report, he was not in, but returned shortly afterwards, and it was 
then twenty minutes after eleven. We may, therefore, suppose the con- 
ferees had returned about one quarter of an hour after eleven, leaving 
three-quarters of an hour to have disposed of this bill before the liour of 
twelve o'clock arrived. 

" There was, therefore, ample time, if the report had been made, to 
have disposed of this before our constitutional term expired according to 
the strictest construction. 



282 BIEMOIR OF HUGH LAWSON WHITE. 

" Mr. President, this is the eleventh session I have been here, and 
until last session never knew of an important measure having failed 
because 12 o'clock had arrived. 

"So far as I know, the universal course has been, if the business ne- 
cessary to be done could not be finished before twelve o'clock, to go on 
and accomplish it if it took till daylight. 

" I well remember on one occasion, at a short session, we sat all night, 
and before I got to my lodging place, it was broad daylight. 

" There always have been some members who had conscientious scru- 
ples about sitting after 12 o'clock. I always have, and always shall s 
respect men who act on such scruples, although I may differ with them 
in opinion. 

" For myself, I have never felt any hesitation about voting after 12 
o'clock, when the business required it. 

" By the Constitution, members of the House are elected for two years. 
The President and Vice President for four, and the Senators for six. 
The only difficulty is to ascertain when the term commences. The Con- 
stitution does not fix it, but authorized the old Congress to do so. That 
Congress fixed the first Wednesday in March, 1789. That happened to 
be the 4th day of the month. Now, if we believe the first Congress met 
in the night at 12 o'clock, the 3d of March, 1789, then our constitutional 
term will expire in the night at 12 o'clock of the 3d of March, every 
second year, and the terms of the President and Vice President at the 
same hour every fourth year. But if we suppose Congress did not 
assemble earlier than 12 o'clock on the 4th of March, 1789, then, in 
truth, our constitutional two years, &c, do not expire till the same hour 
of the 4th of March, and we have our constitutional day, as it was, when 
light and darkness were first separated, and it was said the evening and 
the morning should be the first day. 

" I submit to gentlemen who have these scruples, whether it is not 
worth while to reflect maturely on this subject. If the term of Congress 
expires the night of the 3d of March, so must that of the President and 
Vice President. This will always leave an interval of several hours, 
when we will have no President or Vice President. It appears ' to me 
those who framed the Constitution did not so intend. It is easy to think 
of cases which would be very hard upon such a construction. Suppose 
shortly before the expiration of a Presidential term, a man to be sen- 
tenced to be hanged in a federal court. Afterwards it should be ascer- 
tained to a certainty that the person was innocent, and a messenger is 
sent for a pardon, but cannot reach the President till after 12 o'clock on 
the night of the 3d of March, is the man to be hanged because there is 
no President until his successor is sworn in ? This ought not to be the 
construction. 

" I apprehend the whole difficulty originates from our perplexing our 



HIS RELATIONS TO GENERAL JACKSON. 283 

minds with a legal fiction that there can be no fraction of a day. This, 
like every other fiction, must yield to fact when justice requires it. 

" A man sells a tract of land for a full consideration in the morning 
of the 4th of March, and conveys it. In the afternoon he sells and con- 
veys the same land to another person ; both vendees cannot hold, and 
yet, according to the idea produced by this fiction, both deeds were exe- 
cuted the first minute of the day, and are of equal date; but every man 
knows that this fiction would yield to fact, and that the first vendee 
would hold the land. 

" Whether these reflections be altogether accurate or not, they have 
always satisfied me that I did not act unconscientiously, or assume powers 
I did not possess, when I voted in the night of the 3d of March after 
12 o'clock. 

" The honorable member from New Hampshire will perceive that the 
resolution he has read, which was adopted in the year 1790, does not ' 
remove the difficulty. That resolution only says the term expires on the 
3d of March ; but still the question recurs, when does the 3d of March 
end according to the meaning of the Constitution. 

" To Senators on all sides, I submit, whether this crimination and 
recrimination for past acts, or omissions, is likely to produce disposi- 
tions now to act together harmoniously, and to endeavor to devise and 
perfect such measures as will most promote the interest and welfare of 
the country. 

" Mr. President: In every view I have been enabled to take of this 
whole subject, it has appeared to me that this bill was lost in the House, 
not in the Senate; that the Senate were right in the votes which a 
majority gave as to this sum of three millions. I was satisfied with my 
votes when I gave them, and am yet satisfied, more, I am proud of them. 
I feel that the Author of my existence will approve of them, and to use 
the language of a distinguished man, now no more, ' I wish they were 
recorded in the centre of Heaven, in characters as bright as the sun, 
that the whole world might read them.' " 



The statements in this speech were corroborated by Mr. "Webster 
and others. Mr. Peyton says : " It was party spirit in the House 
which defeated the measure, many of the Van Buren members 
refusing to answer to their names when called, although pre- 
sent; thus depriving the House of a quorum, and defeating the 
bill." 

Mr. Wise said, in his speech on the causes of the loss of the For- 
tification Bill, " Neither the House nor the Senate were chargeable 
with the act." But he affirmed that " it was certain Van Buren 



284 MEMOIR Or HUGH LAWSON WHITE. 

members, C. C. Cambreleng, and those with whom he acted, who 
defeated the measure, for the purpose of affecting Judge White's 
interest." He charged it against Speaker Polk, (and proved the 
charge by a written statement given to him by the Hon. Luke Lea, 
and corroborated by the Hon. Samuel Bunch, and admitted by 
Mr. Polk himself, who was, at the time, chairman of the Com- 
mittee of Ways and Means,) that " he knew the fact that the Presi- 
dent wished the appropriation, but did not communicate it to his 
committee or the House; but only to a few individual members in 
their seats, requesting them to say nothing about it." No esti- 
mate had been sent to the House by the President. Judge White 
did not know that he wished the appropriation, and therefore voted 
against it. 

So great was his devotion to the Administration, and so effectively 
did he sustain it, as to call forth such testimony as that borne by the 
Hon. Mr. Clayton, of Delaware, who, in his speech on Mr. Benton's 
fortification resolutions, used the following descriptive language to 
prove the motive of the ill-timed and unprovoked assault upon the 
Senate. The thoughts expressed in the extract occurred to him 
while Judge White addressed that body in vindication of his vote 
against the Three Millions Appropriation, and he was led by them to 
form his conclusions as to the real object entertained by the Adminis- 
tration upon that vote. Judge White plead his acquittal by the 
legislature of Tennessee, which had unanimously re-elected him, 
after he gave that vote. Mr. Clayton said : 

It may be considered necessary to make the most of this, the only 
offence he has committed against the Administration. The difference in 
the votes of the honorable senators from Tennessee (Mr. White and Mr. 
Grundy), on the amendment to the Fortification Bill, has called up some 
reminiscences of bygone events, exhibiting some other differences be- 
tween them. When I first came into Congress, they were both consid- 
ered so true to the Administration, and so effective in its aid, that, out 
of sheer compliment among their friends here, they Were called " Jack- 
son's Tennessee Rifles." They both proved true for a time, and told, 
with unerring certainty, in every conflict with those who opposed the 
executive. But although both were good rifles, there was an allowed 
difference between them. One missed the mark altogether, during that 
famous contest which was carried on here about the time of Mr. Foote'3 
resolutions. It was believed to have been near bursting, in consequence 



HIS RELATIONS TO GENERAL JACKSON. 285 

of being overcharged with nullification powder. There was also another 
failure. This same rifle was assigned to the defence of the post-office, 
and was charged to the muzzle for keeping and maintaining that posi- 
tion ; hut the post was carried by its assailants, and the defence was cen- 
sured by those who directed it, because the enemy entered in despite of 
the garrison, and exposed most piratical depredations which had been 
committed on the people. For my own part, I have always inclined to 
attribute this failure to the indefensible condition of the post. But, said 
Mr. Clayton, pointing to the seat of Mr. White, the old Tennessee rifle 
which has stood against that desk ever since I knew it, was a rare piece, 
and always has attracted my especial admiration. Although fighting on 
the other side, I never like to see it come into action. For six years, 
although it was almost every day engaged, it never snapped, missed, or 
hung fire ; nor was it ever said to have failed to hit the mark, until 
about midnight of the 3d of March last. The people of Tennessee, who 
are said to be excellent judges of a good shot or a gallant blow, have 
since decided that this was a most " palpable hit," and that, however 
others, who are ignorant of the qualities of a first-rate weapon, may have 
foolishly desired to break the old rifle of the West, they still hold it en- 
titled to the first rank when engaged for their defence; and will never 
consent that it shall either be injured by abuse, or left out of service. 
Even those who have condemned it, because, as they think, it has once 
missed the mark, may relent, when they reflect that it has been clearly 
shown in this debate that, on the occasion alluded to, the President him- 
self did neither charge nor pull the trigger. 



When Mr. Clay's resolution, censuring General Jackson's removal 
of the deposits, "upon the ground that he had assumed to himself 
authority and powers not conferred by the Constitution and laws, 
but in derogation of both," was before the Senate, Judge White not 
only voted against it, but argued that the President had the Consti- 
tutional right to remove the public moneys whenever he had reason to 
believe them unsafe. But the resolutions were adopted and entered 
upon the journals. The President protested against the stigma that 
had been attached to his name by the proceeding. Mr. Benton, in 
his devotion to General Jackson, afterwards brought forward his 
Expunging Resolutions, the object of which was to remove this 
reproach. Judge White voted against them. He had done all he 
could to prevent this unpleasant procedure : but the work had been 
done, and he maintained that it was unconstitutional and a dangerous 
expedient to obliterate the journals. In lieu, however, of these reso- 



286 MEMOIR OF HUGH LAWSON WHITE. 

lutions, he offered one, ordering Mr. Clay's to be " rescinded, reversed, 
repealed, and declared null and void." He wished to do justice to 
the Chief Magistrate, but at the same time, to do justice to the pub- 
lic and to the Senate. And in this opinion he was joined by most of 
the Administration members, only six or seven of whom voted to 
retain the word "expunge." 

That General Jackson had received favors from Judce White, 
without any obligation on the part of Judge "White to confer them, 
except that induced by friendship, both he and his friends admit. 
How were they returned ? 

The time came when General Jackson could have shown his grati- 
tude by simply remaining silent; instead of which, because Judge 
White did not choose to acquiesce in all his views with regard to the 
succession, he entered personally and warmly into the presidential 
contest of 1836, denouncing all the friends of the latter who differed 
with him in opinion as "Federalists," "Nullifiers," and "New-born 
Whigs." Not only was this done, but he permitted and even encour- 
aged office-holders to use their time and talents in the same cause. 
An instance is noticed in the remarks of Judge White, on a resolution 
submitted by him to the Senate, on the subject of Benjamin F. Curry's 
employment — and in his correspondence with the Secretary of War, 
in reference to a letter written by Mr. Curry, and published in the 
"Nashville Union." It is due to Judge White, to publish here his 
remarks and the correspondence. January 12, 1836, Judge White 
addressed the Senate as follows : 



Mr. President: I rise to offer the resolution which I hold in my hand ; 
but to enable the Senate to understand why it is offered, and the object 
I wish to accomplish, it is a duty incumbent on me, to accompany it 
with some explanation ; I will therefore read and then pass it to your 
table : 

Resolved, That the Secretary of War he, and he hereby is, requested to inform the Senate 
what office Benjamin F. Curry holds in the Cherokee nation, under what law he was appointed 
and at what time ; what salary he receives, and whether he has at any time received any 
allowance, in addition to his salary, and how much; stating particularly the whole amount he 
has received each year. 

This Mr. Curry went into the nation some time after the election of 
the present Chief Magistrate, and I believe until about twelve months 
ago, he had been employed as an inferior agent to superintend the enroll- 



HIS RELATIONS TO GENERAL JACKSON. 287 

ment of Clicrokees for emigration, to have their improvements valued, 

&c. 

During the last winter he was here, and when I returned home last spring, 
I understood he was making some figure as a politician ; that out of his 
own head, or by the instigation of some person more wicked than him- 
self, he had, while here, written some letters for publication to a small 
newspaper in my own State, which had engaged in the business of tra- 
ducing me. In the course of the summer, we had, in some of our Con- 
gressional districts, animated contests between candidates for Congress. 
Tbis gentleman, I understood, took an active part. He sometimes 
travelled out of the nation, and even out of his Congressional district, was 
zealous in propagating his opinions, and as I am informed and believe, 
either wrote himself, or furnished the materials for one or more pieces 
for the same vehicle of slander, to which he had written while in Wash- 
ington. 

In the district including the Cherokee agency he was zealous in oppos- 
ing the election of the former member, and with the view to enable hirn 
to act efficiently, was in the habit of reading and showing confidentially, 
a letter said to be written by the President himself, finding fault with the 
former member by name, and using general expressions which Mr. Curry 
said were intended for me. I have likewise been informed, that still 
farther to succeed in his plans of defamation, he confidentially used a 
letter, said to be written to him by my honorable colleague, in which my 
name was used, not much to my advantage ; and I now take tbis occa- 
sion, in the Senate, in presence of our brother senators, in the presence 
of this audience, in the face of the world, to ask my colleague to say, 
whether at any time, he wrote any letter to Mr. Curry, in which my 
name was used. 

[Mr. Grundy answered — " That he was taken by surprise with the 
question ; but he did not remember he had ever written a letter on any 
subject to Mr. Curry, and he felt certain if he had, he had never used his 
colleague's name in other terms than those of respect."] 

Mr. White proceeded — I am then satisfied with the answer given for 
the present, and this artifice must have been used by Mr. Curry, the more 
effectually to mislead and deceive those to whom he made such statements. 

All this conduct I disregarded, and did not think it worthy to be made 
matter of conversation. Our elections terminated, the former member 
was reelected ; and when the legislature met, I was again honored with 
a seat here by a unanimous vote. 

Some time ago, a friend brought me a Georgia newspaper, and pointed 
out to me a letter under the signature of Mr. Curry, dated 1st December, 
1835, and addressed to the editor of a newspaper called the Federal Union. 
In that paper it had been published, and from it copied into various other 
papers, and finally into one in my own State called the Nashville Union, 



28§ MEMOIR OF HUGH LAWSON "WHITE. 

gotten up by funds furnished here, expressly for the purpose of distribut- 
ing, in my own State and elsewhere, all the dirty filth and slanders 
which could be collected, with a view to detract from my humble 
standing. 

The time at which this letter was published, as well as the place where 
and the matter of it, struck me with some force. The legislatures of 
Georgia, of Alabama, of Tennessee, of North Carolina, Virginia, and 
several other States were then in session, if I mistake not, and if I do I 
hope gentlemen will correct me, and that of Mississippi was soon to meet. 
Four of these States had a deep stake in the Indian question, because the 
Indians were residing, and yet reside, in portions of them. 

I saw that the most gross and base falsehoods were contained in it as 
to myself. This I did not so much regard, but I saw further, that with a 
view to reach me, a statement was made respecting Mr. M'Connell, one 
of my constituents, a humble and inoffensive citizen, which woidd, in all 
probability, cost him his life. I felt hurt by this, as I had been the medium 
through which the Secretary of War had induced him to undertake this 
delicate, confidential and hazardous agency. 

The falsehoods were so glaring, and the mischievous tendency of the 
letter so obvious, that I at first hoped, as soon as it met the eye of the 
Administration, the matter would be set right without any application 
from any quarter. After waiting some time without any step having 
been taken, and having good reason to believe the letter had been seen 
by at least one member of the Administration, I addressed a letter to the 
Secretary of War under date of the 2d inst. a copy of which I will now 
,read. 

Washington, Jan. 2, 1836. 

Dear Sir : I must take the liberty of inviting your attention to a 
letter under the signature of Benjamin F. Curry, published in a news- 
paper called the Federal Union, and bearing date, " Cherokee Agency, 
Dec. 1, 1835." 

In it you will see in speaking of Samuel McConnell, Mr. Curry uses 
this language — " He has for some years past, under the procurement of 
Judge White of Tennessee, been receiving pay from the United States 
Government, as a secret and confidential agent, while all his visible efforts 
have been to defeat the measures of the ostensible agents in bringing about 
a treaty." 

I feel assured your own sense of justice will at once pronounce that 
this statement, so far as I am concerned, is entirely unfounded. 

The name of Mr. McConnell was not brought to your notice by me ; I 
never asked or procured the department to appoint him. Any agency I 
had in the matter was at the instance of the department, and to carry 
into effect its wishes, as is fully disclosed in the letter from the acting 



niS RELATIONS TO GENERAL JACKSON. 289 

Secretary of "War to me, and my answer, with its enclosure to him, to 
which I beg leave to refer you. 

In that, as in everything else, I was willing to do all in my power to 
aid in carrying into effect the wishes of the department in relation to the 
Indians, and must think I am treated with great injustice, if your agents, 
attached to your department, are thus to misrepresent and calumniate 
me. From all the information I possess, I must think that in the charges 
against McConnell there is a great disregard of truth. I had once believed, 
and yet do, that he acted with great fidelity, and that from his services 
much benefit resulted. 

But, sir, if Mr. McConnell was a secret agent, appointed by your 
department, does he merit that his life should be endangered by this 
statement of your agent ? If he was not a secret agent, is it right that he 
should be endangered by the statement of such a falsehood ? 

In another part of Mr. Curry's letter he states that shortly before the 
council, Lewis Ross came to Knoxville, and after his return, rumors were 
put afloat connected with my name. 

The inference which Mr. Curry wishes should be drawn from this state- 
ment no doubt was, that Lewis Ross came to Knoxville to consult me. 
I assure you, if Mr. Ross was at Knoxville, from the time I left Washing- 
ton in March till my return this fall, I never heard of it until I read Mr. 
Curry's letter, and have had no communication whatever with him. 

The whole tenor of this letter, so far as I am concerned, is a tissue of 
misrepresentations, intended to place my conduct in a false view before 
the world. 

I am well aware that those who know Mr. Curry would not excuse me 
for taking any notice of his slanders generally, but from the particular 
nature of his charge, and the circumstance of his being connected with 
your department, his statement may be thought entitled to some credit, 
should it pass without rebuke. 

He is your officer, you are the witness who knows the gross injustice 
done me, and to you I confidently appeal for such steps as will do that 
which is just to the country, to Mr. Curry and to myself. 

I beg to be informed what course you will pursue in this matter. 

I have the honor to be, most respectfully, 

Your obedient servant, 

Hu. L. "White. 
Hon. Lewis Cass. 

On the night of the 15th I received his answer dated the 14th, inclos- 
ing a copy of one written to Mr. Curry on the 9th. 

Department of War, Jan. 14<A, 1836. 

Dear Sir : I must ask your indulgence for not having answered your 
letter of the 29th inst., which was received here on the 15th. The delay 

19 



290 MEMOIR OF HUGH LAWSON WHITE. 

has been owing to the great press of business, and to the propriety of 
laying the matter before the President. 

I have now the honor to send the copy of a letter addressed to Major 
Curry, and in which the President's disapprobation is conveyed to him. 
The statement that Mr. McConnell was employed at your suggestion is 
altogether erroneous, and I have put the matter right by giving the true 
facts of the case. I consider the department under obligations to you, 
for the trouble you took on the subject of the employment and proceed- 
ings of Mr. McConnell, and I have endeavored to do justice to his 
services, so far as these are known to me. If Major Curry intended to 
intimate, as you suppose, that there was a communication between your- 
self and Mr. Ross, such an intimation was highly improper. Indepen- 
dent of the entire want of proof of such a course, your word is quite 
sufficient to satisfy me that there was no just ground for the suggestion. 
I am, dear sir, very respectfully, 

Your obedient servant, 

Lewis Cass. 
Hojt. Hugh L. "White. 



War Department Jan. 9lh, 1836< 

Sir: The attention of this department has been drawn to a letter 
from you to the editor of the Federal Union, and which was published 
in the Augusta Centinel of the 22d ult. 

I am instructed by the President, if that letter was written by you, 
to convey to you his disapprobation of a part of it. There certainly can 
be no impropriety in an officer's communicating to the public proper 
information, when circumstances require it, and the general proceedings 
relating to the prospects and progress of the Cherokee emigration, are 
of this nature. But it is with regret the President observes, in this 
communication, allusions to persons and parties, which do not seem to be 
necessary, and are calculated to produce an injurious effect. There is 
one error of fact, which it becomes the special duty of this department 
to correct, as the requisite information is upon its files. You state that 
Mr. McConnell " has for some years past, under the procurement of 
Judge White of Tennessee, been receiving pay from the United States' 
Government, as a secret and confidential agent," &c. You have been 
led into a mistake on this subject. Mr. McConnell was not employed 
under the procurement of Judge White. The suggestion that Mr. 
McConnell's services might be useful, as well to the United States as to the 
Cherokee Indians, was made to this department from another and very 
respectable quarter. As all the necessary circumstances were not fully 
known at the department, proper instructions were given to Mr McCon- 



HIS RELATIONS TO GENERAL JACKSON. 291 

nell and enclosed to Judge White, to be delivered, if he thought the 
arrangement would he useful. Judge White had no agency whatever in 
the matter, until he was requested, by the express direction of the Pre- 
sident, to serve as a medium of communication between Mr. McConnell 
and this department. 

Mr. McConnell transmitted various reports, containing information 
respecting the state of things in the Cherokee country. But there is 
nothing in these, going in the slightest degree to show that he did not 
act with due fidelity, as well to the United States as to the Cherokee 
Indians. 

It is also a matter of regret, that you should have alluded at all to 
the employment of Mr. McConnell. From the relation in which he 
stands to the Cherokees, and the suspicious disposition of Indians, the 
disclosure may even put his life at hazard. It is therefore the more 
imperative upon me, to state explicitly, as I have done, that there was 
nothing in the report of Mr. McConnell which could give just offence to' 
the Indians. 

The President has directed me to say, that he has read and approves 
this letter, and that while he appreciates the zeal you have displayed in 
the execution of your duties, he deems it incumbent upon him to recom- 
mend to you great discretion, and particularly to convey to you his dis- 
approbation of the allusion you have made to the employment of Mr. 
McConnell. 

Very respectfully, 

Tour most obedient servant, 

[Signed] Lewis Cass. 

Major B. F. Chert, New Echota, Georgia. 

To this, on the 16th, I wrote a very short reply : — 

Washington, Jan. \§th 1836. 

Dear Sir: I have the honor to acknowledge that I received last 
night, your favor under date of the 14th, with its enclosure, in answer 
to mine of the 2d inst. 

The result is so different from what, I think, I had a right to antici- 
pate, that I refrain from any remarks on the contents of the letter written 
to Mr. Curry, by direction of the President. 

I have the honor to be, most respectfully, 

Your obedient servant, 

JJu. L. White. 

I had applied in the only friendly mode I could devise, for the inter- 
position of the executive power. I remembered well the great principle 



292 MEMOIR OF HUGH LAWSON WHITE. 

for which the party had struggled to elevate the President to his present 
station. I remembered his recognition of it in his inaugural address, 
which thousands of the citizens of the United States, as well as most of 
those now in the reach of my voice, heard him deliver, as containing the 
principles upon which he would administer the government. The para- 
graph is in the following words : — 

" The recent demonstration of public sentiment inscribed on the list of 
executive duties, in characters too legible to be overlooked, the task of 
reform ; which will require particularly the correction of those abuses 
that have brought the patronage of the federal government into conflict 
with the freedom of elections, and the counteraction of those causes 
which have disturbed the rightful course of appointment, and have 
placed, or continued power in unfaithful or incompetent hands." 

This short paragraph shows the main ground on which the contest 
rested, when ended in the election of the present Chief Magistrate. It 
contains the sentiments avowed by him in presence of nearly twenty 
thousand freemen. It contains the sentiments which, as one of bis advo- 
cates, I honestly entertained. It contains the sentiments on the main- 
tenance of which I believe our freedom and liberty especially depend. 
I felt hurt and mortified upon reading the Secretary's letter ; I could not 
reply without using expressions not fit to address to a member of the 
President's Cabinet. In place of Mr. Curry's receiving such a rebuke as 
would deter him from committing a similar offence in future, it appeared 
to me that he was complimented. Although his conduct was not 
approved as to Mr. McConnell, as to me it was very well, that instead of 
an inferior agent he was to be viewed as an electioneering political diplo- 
matist, and that hereafter, if the Gardiner spoke of by the senator from 
Massachusetts, the other day, is to wear his diplomatic button, Mr. 
Curry ought to figure in his political electioneering star and garter. 

But, sir, what was I to do next ? The falsehood has gone forth to 
answer the meditated mischief. In some of the States it is probable it 
has accomplished its object ; how is it to be contradicted ? I have been 
furnished with a document proving the falsehood. Is it supposed that I 
would sneak to a printing office to beg a publication of its contradiction? 
No, I cannot descend to such an act of meanness. If I could, I dare 
not. The proud, high-minded honorable men who sent me here would, 
for such an act of degradation, recall me from a station among honorable 
men, and thus gratify some high in office who seek to displace me. 

My course is here ; my place is here : from my stand on this floor I 
contradict the falsehood and expose the injustice. If my opponent will 
deny my statement, or justify this outrage, I meet him here openly, face 
to face, eye to eye, and maintain and assert what is due to my constitu- 
ents and myself, by all honorable means in my power. 

But the Nashville Union — this vehicle of slanders and falsehoods, 
gotten up in this city, as I have understood for just such purposes. The 



HIS RELATIONS TO GENERAL JACKSON. 293 

editor came here last winter, upon his own mere notion, or by the solici- 
tation of some other person, with, as I have understood and believe, not 
more money than would bear his expenses ; he lived in the house with my 
honorable colleague, and while here, was furnished with some five or six 
thousand dollars, to establish his press in Nashville, and, without relying 
upon subscribers, to be enabled to throw his paper into the hands of every 
man who would condescend to read it. Even this very number, con- 
taining this letter, I have no doubt, has been innocently sent under 
the frank of senators from this floor, to many of the States in the 
Union. 

If there is any person within my hearing who can contradict my state- 
ment as to the manner in which this paper was established, I wish to 
hear him do so. 

[Mr. Grundy rose and stated : — " That the editor had come here last 
winter, not at his instance ; that how the money was raised, or by whom, 
he had no knowledge; that the paper had taken its side, and was main- 
taining it as well as it could; that he had not noticed this letter in it, 
and that he knew there was great scuffling to get subscribers for it at 
home. Mr. McConnell he knew, and thought him a clever man, of good 
sense, and he believed he had recommended him for this office."] 

To which Mr. White replied — Yes, Mr. President, there was a great 
scuffling to get- subscribers for it. So great, that our old acquaintance, 
Samuel Gwin, the land officer, from Mississippi, was called into service, 
and when procuring subscribers at Gallatin, in April last, wrote to Mr. 
Kitchie, of the " Enquirer, 1 ' the celebrated letter as to Tennessee politics, 
intended unjustly to influence the Virginia elections, and which no doubt 
had the desired effect. Mr. President, I have made these disclosures 
with great pain and the most deep mortification ; but I deemed it my 
duty to do so. The answer to my resolution will show whether it will 
be in my power, and whether it will be my duty to attempt anything 
further on the unpleasant subject. 

The following is an extract from Mr. Curry's letter, alluded to in 
the above remarks : 

At the October council, there attended a certain Mr. Payne, and one 
Samuel McConnell, of Tennessee ; Payne hails from New York, but came 
through Georgia. He is of the whig party, and rumor makes him an 
abolitionist. He, it is said, formed an alliance with Mr. Longstreet, of 
Augusta, and other editors, by which he was to furnish matter, and they 
were to print it for political effect. McConnell is the same who insti- 
gated the arrest of the Georgia surveyor, and had him carried to Athens, 
Tennessee, for a violation of the intercourse laws some three years ago 
for making lines within the limits of your State. He has large claims for 
reservations made to Indians under the treaties of 1817-19 ; and has for 



294 MEMOIR OF HUGH LAWSON WHITE. 

some years past, under the procurement of Judge White, of Tennessee, 
been receiving pay from the United States government, as a secret and 
confidential agent, while all his visible efforts have been to defeat the 
measures of the ostensible agents in bringing about a treaty. 

Lewis Ross, one of John Ross's executive counsellors, visited Knoxville 
about the commencement of this council, and, while absent, much con- 
cern was manifested by John, to know where his brother Lewis could be. 
Lewis at length arrived. 

Rumor was put afloat that Judge White, if made President, would do 
much for this people. 

So constant and glaring did infringements on the rights of the 
people, similar to those exhibited above, become, that they were a 
constant theme of remark on the floor of Congress. Many members 
of the opposition made assertions which were never answered from 
the other side. In 1836, a special committee was appointed by the 
House of Representatives, of which Mr. Wise was chairman, to inquire 
into the condition of the public funds. At the instance of General 
Jackson and Mr. Van Buren, Judge White was summoned to appear 
before this committee, which he did in January, 1837, and gave evi- 
dence upon oath, of many instances in which officers of the govern- 
ment and those in their employment, had attempted to influence 
public opinion in elections ; and made a statement of the part the 
President himself had taken in the late presidential canvass, as well 
as his attempt to influence him in his public duties, both while he 
was President of the Senate and subsequently. General Jackson 
answered these charges in a publication some months afterwards, in 
which he complained of Judge White's deposition, and flatly contra- 
dicted his statements. This drew forth Judge White's " Address to 
the Freemen of Tennessee." This was the last intercourse, either of a 
public or private nature, that ever took place between them. 

Judge White's testimony before the committee, and also his 
answer to General Jackson's circular, are here subjoined, that all who 
desire may read and decide for themselves. 

TESTIMONY OF TOE HON. HUGH L. WHITE 

Before the committee appointed to inquire into the executive 

departments, &c. 
• Monday, Jan. 30, 1S37. 

Hon. Hugh L. White, a senator of the United States, summoned as a 
witness, appeared before the committee, and read a paper of the following 
import : 



HIS RELATIONS TO GENERAL JACKSON. 295 



Declaration of the Hon. Hugh L. White. 

Sir : On Saturday evening last, I was summoned to attend before the 
committee of which you are chairman, and give evidence touching the 
matters submitted to your investigation. I now appear before your com- 
mittee, at the time specified in the subpoena, out not in obedience to its 
mandate. 

I am a member of the Senate of the United States, now in session, 
and in the daily discharge of my duties as a senator, and, while I am thus 
engaged, do deny that any committee of the House of Representatives has 
the power, by its mandate, to compel me to absent myself from the body 
of which I am a member. I do, therefore, protest against the power 
assumed by your committee, in the issuance and service of said sub- 
poena. 

But, at the same time that I feel it my duty thus to protest against 
the exercise of a power which I believe is not vested in your committee, 
I assure them that I will at all times, when my duties as a senator do not 
compel me to be elsewhere, voluntarily attend and give them upon oath, 
all the information I possess in relation to any of the matters which may 
come within the range of their investigation. 

I respectfully ask that this protest may be entered on the journal of 
your proceedings, lest hereafter, it may be thought I have sanctioned the 
exercise of a power which, it is easy to foresee, may be so used as to 
destroy that body of which I am an humble member. 

I have the honor to be, most respectfully, 

Your obedient servant, 

Hu. L. White. 
To the Hon. Henry A. "Wise, Chairman of the 

Special Committee of the House of Representatives. 

The Hon. Mr. White then read to the committee another paper of the 
following import : 

Reasons of the Hon. Hugh L. White for consenting to testify. 

" Mr. Chairman : Before being sworn, it is due to the committee, as 
well as myself, that I should make a very short statement, to show the 
situation in which I am about to be placed," without any agency of 
mine. 

M For many years I have been on the most intimate and confidential 
terms with the Chief Magistrate. We have conversed with, and written 
to, each other, perhaps with as much freedom as if we had been brothers; 
much that has passed was, of course, highly confidential. 



/ 



296 MEMOIR OF HUGH LAWSON WHITE. 

" I should hold myself disgraced by designedly bringing any matters of 
this kind before the public. 

" If sworn I must tell what I know or believe to be true ; and I con- 
sider myself called upon to testify, at the instance of the present Chief 
Magistrate, and of the distinguished citizen who has been chosen to suc- 
ceed him ; and that, if any disclosure I may make would seem to be 
of matters which, as a man of honor, I ought not to make public, I do 
so in consequence of the necessity they have imposed on me ; and that 
the injunction of secrecy has been removed by them, and not by me. 

" With this statement, I am now ready to be sworn, if the committee 
desire it." 



Testimony of the Eon. Hugh L. White. 

Monday, Feb. 13, 1837. 

A communication in writing, in answer to the interrogatory put to the 
Eon. Hugh L. "White, was received through the chairman, and read to 
the committee, as follows : 

The oath administered to me was, " to tell the truth ; the whole 
truth, and nothing but the truth," &c. 

After being thus sworn, the interrogatory put to me is in the words 
following : 

Question. "Do you, of your own knowledge, know of any act by 
either of the heads of the executive departments, which is either corrupt, 
or a violation of their official duties ?" 

" From the manner in which this question is worded, it is somewhat 
difficult for me to determine to what extent I ought to proceed in my 
answer. I presume it could not be the meaning of the committee to con- 
stitute me the judge of what shall be considered corruption, or a violation 
of official duty, by any of the heads of the executive departments. If 
so, I might believe facts within my knowledge did not amount to either 
corruption, or a violation of official duty, and on that account omit any 
statement whatever ; or, on the other hand, state facts which I believe 
prove one or the other, when the whole committee might disagree with 
me in opinion, and consider the disclosures entirely useless, as not tend- 
ing to prove any impropriety whatever. In this situation, I presume I 
shall bestf discharge my duty by telling what I may know falling within 
the range of either of the executive departments, and such circumstances 
as may tend to show the motive with which the act was done or omitted, 
leaving it to the committee to determine whether any statements I may 
make will be of use or not in their investigation. 

Of my own knowledge I do not know of any frauds actually practised 
either as to the sale of public lands, or in the purchase of Indian reser- 
vations ; yet, from information I have received, in which I confide, I do 



HIS RELATIONS TO GENERAL JACKSON. 297 

believe great frauds have been practised, and are yet going on, as to botli ; 
and that in some of these, our own officers or agents have been, and 
now are, concerned or interested ; and that if the committee will call 
upon persons who were and yet are in the vicinity of the places where 
those transactions have taken place, to disclose what they know, these 
frauds, and those concerned in them, can be ascertained. Whether the 
heads of either of the departments are liable to be censured for any of 
these acts, the committee will of course decide for themselves, when they 
shall have ascertained all the facts. 

In the year 1830 the system now going on for removing the Indians, 
with their consent, out of the limits of the States and territories, and 
settling them west of the Mississippi, was sanctioned by Congress. It 
has been progressing as rapidly as possible ever since. The duties 
relating to this branch of business pertained to the War Department. 

At the session of Congress for the years 1831 and 1832, and near the 
time when a short session would have terminated, the Secretary of War 
came to me, as chairman of the Committee on Indian Affairs, and stated 
that his duties were becoming so onerous that he could not discharge 
them without an alteration in the Indian Department ; that the gentle- 
man who was then at the head of the Indian bureau, and who was then 
receiving a salary of fourteen or sixteen hundred dollars, although a 
very amiable man, was entirely incapable of discharging his duties in 
such a manner as to give that aid which the public interest required ; 
that he had drafted a bill to create the office of Commissioner of Indian 
Affairs, with a salary of three thousand dollars per annum, which he 
wished me to introduce, and endeavor to have passed into a law. I 
informed him that the session had then so far advanced, and the opposi- 
tion to the Indian system was so strong, that I doubted it would be out 
of my power ; besides, that some of the appointments which had been 
made, were, in my opinion, injudicious, and that if this office were 
created and filled by a person as incompetent as he represented the per- 
son then at the head of the Indian bureau to be, the public business 
would be no better done, and there would be necessarily a considerable 
increase of expense, and that I was unwilling to move on the subject, 
unless I could be assured, if the office were created, it should be well 
fill-ed. This he assured me should be done. I then requested him to 
speak with the chairman of the Committee of Indian Affairs of the House, 
and if his co-operation could be procured, I would on my part, do all in 
my power to give effect to his wishes. 

The bill was introduced, and, owing to the strong representation made 
of the necessity for its passage, the opposition in the Senate was with- 
drawn and the law was passed. Congress adjourned, and no appoint- 
ment of commissioner was made until the next session ; and then the 
6ame gentleman whose supposed incompetency at the head of the Indian 



298 MEMOIR OF HUGH LAWSON WHITE. 

bureau, with a small salary, had given rise to this law, was nominated to 
fill the office of commissioner, to which was attached the salary of three 
thousand dollars per annum. The nomination was referred to the Com- 
mittee on Indian Affairs, and they reported recommending that the nomi- 
nation should be confirmed. At that session I happened to be in the 
chair ; and when I heard the report, withdrew from the chair, and 
spoke to the gentleman who made the report ; told him what had passed 
between the secretary and myself, and that I felt it due to the Senate 
and to the country that the facts should be disclosed, so that the nomina- 
tion might be acted on with a full understanding of the facts. He told 
me he would have the nomination laid on the table, until he could see the 
secretary, and have his explanation on the subject. He did so, and after- 
wards informed me that he had seen and conversed with the secretary, 
and communicated to him my statement ; and that the secretary admitted 
my statement to be true, as to what passed between us, but that after 
the passage of the law Mr. Herring had devoted himself to acquiring 
a knowledge of the duties pertaining to the office, and was then well 
qualified to discharge them. Under this statement I said nothing further, 
and the nomination was confirmed ; and it so did happen that, although 
I never heard Mr. Herring's integrity called in question, yet his want of 
capacity was admitted by all with whom I conversed before he quit the 
office. 

During the last session he was appointed pay -master, and Mr. 0. Han-is 
appointed commissioner, who, so far as I can judge, is a most faithful, 
competent and efficient officer. 

I think the public interest suffered much from the incompetency of Mr. 
Herring while he was in office; and that it will take some time still to 
come before his successor, with all his zeal, watchfulness and industry, 
will be enabled to make those reforms which the public interest requires. 

I feel that I should do the late secretary injustice, were I to stop here. 
I do not believe he intended to deceive me, or to injure the public, when 
he promised me that if the office was created it should be well filled ; but 
that after it was created, as it connected itself with all the ramifications 
of the Indian Department, and the officer might have a very extensive influ- 
ence, it was esteemed a matter of importance to have it filled with a 
decided friend to the gentleman who was then looked to by the President 
and many others as the person who ought to succeed the present Chief 
Magistrate ; and that the secretary was constrained to yield to an influ- 
ence which he believed he had not the power successfully to resist. I 
am the more inclined to adopt this opinion, because, from a very exten- 
sive intercourse with the secretary relative to the Indian affairs, I was 
impressed with the belief that in all cases where he was left free to pur- 
sue his own judgment, he was disposed to act with the utmost fairness, 
and with a strict regard to public interest ; and because I know, in a 



HIS RELATIONS TO GENERAL JACKSON. 299 

manner most satisfactory to myself, that, as early as 1831 (if not sooner), 
when the first cabinet was dissolved, and a new one to be created, the 
President had fixed his mind upon the present President elect as the most 
suitable person to succeed him ; and that, with a view to procure har- 
mony among the members of his political family, it was considered 
important to remove from the old cabinet three gentlemen, who, it was 
believed, did not coincide, in opinion with him upon that subject, and 
form a new cabinet which would be a unit ; that is, each member of it 
concurring with the President as to the person most proper to succeed 
him when his eight years of service should terminate. 

"When the old cabinet was broken up, it was not wished to have the 
services of Major Eaton ; the intention and wish was, to put me in his 
place, and with my aid in Tennessee, to have him elected to succeed me 
in the Senate. 

This opinion as to the motive for the appointment of Mr. Herring is 
still further fortified and confirmed in my mind, from the belief that a very 
large portion of all the officers appointed from that time to this have been 
selected upon the same principles, and with a view to the same object. 

Connected with this subject, and tending to show that I am most prob- 
ably correct in the view which I take of it, there are many circumstances 
which I have become acquainted with, which show that the President 
watched with care, and uniformly endeavored to prevent, everything 
which would have the effect of enabling any other citizen to compete, 
successfully, with the gentleman who was his favorite. During the same 
session of 1832 or 1833, when Mr. Herring was appointed, it will be 
remembered, the United States seemed to be on the eve of a civil war 
with South Carolina, on account of the tariff; and that a bill was sent to 
the House of Representatives from the Treasury Department, proposing a 
modification and a reduction of it ; that the provisions of that bill were 
so changed in the House, that it became very unacceptable to a large 
majority, and had no prospect of finally passing; that, in this state of 
things, and after what was called the Force Bill had been considerably dis- 
cussed in the Senate, Mr. Clay introduced what is commonly called the 
Compromise Bill, and, upon its second reading, it had been referred to a 
select committee, composed of seven members. This committee, it was 
my duty, as presiding officer, to appoint. Before the members of it were 
named, I received a note from the President, requesting me to go to his 
house, as he wished to see me. I returned for answer, that while the 
Senate was in session it was out of my power to go, but that as soon as it 
adjourned I would call on him. I felt the high responsibility which 
rested on me in appointing the committee ; the fate of the bill, in a good 
degree, depended on it; and if the bill failed, we would probably be 
involved in a most painful conflict. I endeavored to make the best selec- 
tion I coidd, by taking some tariff men, some anti-tariff, one nullifier and 



300 MEMOIR OF HUGH LAWSON WHITE. 

Mr. Clay himself — hoping that if a majority of a committee, in which all 
interests and views were represented, could agree on anything, it was 
likely it would pass. Taking these principles for my guide, I wrote down 
the names of seven members, Mr. Clayton, of Delaware, being one; and 
immediately before we adjourned, handed the names to the secretary, 
with directions to put them on the journal, and in the course of the even- 
ing waited on the President. Soon after we met, he mentioned that he 
had wished to see me on the subject of appointing a committee on Mr. 
Clay's bill, to ask that Mr. Clayton might not be put on it ; as he was hos- 
tile to the Administration, and unfriendly to Mr. McLane, he feared he 
would -use his endeavor to have a preference given to Mr. Clay's bill over 
that of the Secretary of the Treasury, or words to that effect. I observed, 
in answer, that it would always give me great pleasure to conform to the 
wishes of my political Mends, whenever I could do so with propriety ; 
but that the treasury bill had been so altered and mangled, and that, as I 
understood, in a good degree by the votes of his own party, that it had 
but few friends ; that we seemed to be on the eve of a civil war, and that 
for the sake of averting such a calamity, I would further all in my power 
any measure, come from whom it might, which would give peace to the 
country, and that any bill, having that for its object, was esteemed by 
me a measure above party, and any man who was the author of it was 
welcome to all the credit he could gain by it. But, at all events, it was 
too lato to talk on the subject, as I had handed the names of the commit- 
tee to the secretary before we adjourned; and that as I had a very high 
opinion of Mr. Clayton's talents and liberal feelings, I had put him on the 
committee, without knowing he was personally unkind to the Secretary 
of the Treasury. He then asked me if I could not see the secretary of the 
Senate that evening, and substitute some other name for Mr. Clayton, 
before the journal was made up ; I told him I could not — in my judgment 
it would be wrong; and then the interview terminated. 

An incident occurred relative to an appointment, falling in with the 
business of the State Department, which I feel it my duty to state, but do 
not know that the Secretary of State had any participation in it. 

At the session of 1833 and 1834, if my memory serves me, Mr. Steven- 
son, of Virginia, was nominated as Minister to Great Britain, and his 
nomination rejected. At the session of 1834 'and 1835, on the Sunday 
immediately preceding the close of the session, a gentleman called at my 
lodgings to see me, and informed me that he had called, at the instance 
of the President, to consult me on the subject of again nominating Mr. 
Stevenson as Minister to Great Britain; and to say, that if I believed a 
majority in the Senate could be procured to confirm the nomination, the 
name of Mr. Stevenson would be sent in ; if not, no nomination would be 
made during the session. I observed to the gentleman, I could not give 
any answer, as I had heard nothing on the subject, and had not reflected 



HIS RELATIONS TO GENERAL JACKSON. 301 

on it ; and further said, from what I could hear, I was at a loss to know 
whether I myself was viewed as friendly, or the reverse. The gentleman 
replied, there was a mistake on that subject; that it was commonly 
thought Mr. Stevenson and Mr. Eitchie, of the Enquirer, were friendly to 
Mr. Van Buren, hut that was not so; they were soured with him, 
believing it was his wish to make Mr. Eives the great man of Virginia. 
After some further conversation, I told him I would think of it until next 
morning, and would then tell him what I thought. He did call the next 
morning, when I requested him to say to the Fresident, that I had no 
means of knowing how other senators would vote, and that the only 
advice I could give was, for the Fresident to do what he believed to be 
his duty, leaving the senators to discharge theirs. 

The nomination was not sent in till the next session ; and, in the mean 
time, Mr. Stevenson had been presiding officer at the Baltimore conven- 
tion, and an active partisan in aiding to carry out the views and wishes 
of the Fresident as to his successor. 

As the time of the election of his successor approached nearer and 
nearer, the Chief Magistrate became more and more open and undisguised 
in his interference to influence and control public opinion. I am well 
acquainted with his signature, and have seen many newspapers and other 
publications sent under his frank to individuals, and to members of assem- 
bly, calculated and intended to injure, in public estimation, those who 
were unwilling to act in accordance with his wishes as to his successor ; 
have seen a toast given by him at a public dinner ; have seen letters pub- 
lished from him in newspapers, and have heard of many others and now 
have copies of some never published ; and all this after he had endeavored 
to induce me, and the State in which I reside, to accede to his wishes, 
under the promise of his influence to have my name used in the first 
instance as Vice-President, and afterwards for the Presidency, as I have 
been informed, and verily believe. And to satisfy the committee that I 
do not speak unguardedly, and from unkind feelings upon this subject, I 
subjoin to this answer the extract of a letter dated 23d August, 1836, from 
Mr. Orville Bradley, of Hawkins county, Tennessee. He is a man of high 
character for intelligence and veracity, and I have not the shade of a 
doubt that everything he there states on the subject of his conversation 
with the President is strictly true. 

In the course of last summer, the President made a visit to his home 
in Tennessee ; and, as I have been informed, and verily believe, almost 
as soon as he entered the State, denounced me and several of my col- 
leagues, who are my political friends, publicly, and in strong terms ; 
charging some of them, and especially Col. Peyton, with having given a 
vote relative to an appropriation on the Cherokee treaty, directly con- 
trary to what the journal, the newspapers, and members who had been 
present, at the passage of the bill, showed, and stated to be the fact ; and, 



302 MEMOIR OF HUGH LAWSON WHITE. 

as to another of them, Mr. Huntsman, in answer to a question from him, 
he alleged he was on the fence, and it was doubtful which side he would 
fall; and afterwards, when written to by Mr. Huntsman, would appear 
to have forgotten that he ever used such expressions: all which will 
appear by a copy of Mr. Huntsman's letter to him ; and a copy of his 
answer, and my reply, hereto attached ; and the committee will readily 
perceive, by an extract of a letter from Col. O'Brien, and a certificate of 
Mr. Carriger, both highly respectable men, that his memory is so much 
impaired, as not to be relied on, even for a few months, for what he has 
said relative to the character and conduct of a representative in Congress. 

Under all these circumstances, although I feel I, and the Senate through 
me, were misled, in the creation of the office of Commissioner of Indian 
Affairs, and in the appointment of Mr. Herring to fill said office ; and 
believe that, upon investigation, it will be found that frauds, in this branch 
of the administration of the War Department, have been committed ; and 
that some of the officers or agents of the government have participated 
in, and derived pecuniary benefits from them ; yet I do not believe the 
Secretary of War intended to do wrong, but was constrained to act in 
accordance with the wishes of others. 

Amidst the variety of daily duties claiming attention, and without 
anything but a general question pointing to a particular transaction, it is 
very probable that some facts and circumstances, within my knowledge, 
are omitted, which more direct and specific questions would bring to my 
recollection. It has been my wish to make my answer as full as I rea- 
sonably could, that I might save the committee the trouble of a protracted 
examination. 



Extract from Mr. Bradley's Letter. 

Hawkins County, East Tennessee, Aug. 23, 1836. 
In the fall of 1834, on his return from the West, General Jackson called 
at ray father's ; I was with him then, and travelled some distance with 
him along the road in this county (Hawkins). In the course of the time 
we were together, the subject of succession was freely discussed. Your 
claims were mentioned, and the feeling of the State to have opposition to 
Van Buren. I spoke of the attempt which had been made in the assem- 
bly of 1833, of which I was a member, to nominate Judge White, which 
I told him I thought I had been mainly instrumental in defeating, by 
virtue of an authority you had given me before you left Nashville, to say 
you desired it should not be done. I told General Jackson that I thought, 
after having had considerable opportunities of forming a correct estimate, 
that I felt satisfied that two-thirds of the members of that assembly were 
indisposed to support Van Buren, and would not do it, if they could get 



HIS EFXATIONS TO GENERAL JACESON. 303 

any other respectable man of their own principles to vote for ; that the 
assembly was only restrained from nominating Judge "White, by his own 
disinclination to such nomination, and by an apprehension that in the 
condition of the public feeling in the United States (it was just after the 
removal of the deposits), that his nomination might throw such a fire- 
brand into the ranks of the Administration as might break down Judge 
"White, and prostrate the whole party, and throw the power of the 
government into the hands of the bank party, and by the further consi- 
deration, that as Tennessee had the incumbent of the Presidency, that it 
might be considered arrogant in them to be the first to nominate another 
of her citizens for that high office. I also stated to General Jackson my 
opinion, that if Judge "White should receive a respectable nomination any- 
where out of the State, that it would be immediately and generally followed 
up in Tennessee. I told the President that immediately after the rise of 
the assembly, and before I left Nashville, I had written to Judge "White a 
full account of the state of things at Nashville, all that had occurred, the 
part that I had taken, and the reasons that had influenced me, and that 
Judge White had immediately answered me, approving of my course, and 
stating that if he had been nominated, that under the state of things that 
then existed at "Washington, he should have felt bound to put down the 
movement under his own hand and signature. 

I further told General Jackson, that I thought there was a decided 
indisposition in Tennessee to support Van Buren, and intimated to him, 
that although, under the circumstances that then existed, I had felt it my 
duty to oppose, among the members, any attempt by the assembly to 
bring out Judge "White, that I did not like to support Van Buren, if I 
could please myself any better. General Jackson entered warmly into a 
vindication of Van Buren ; spoke of him in the highest terms, said that 
he was the man to whom the party, generally, out of Tennessee, was look- 
ing to be his successor ; that "White could hardly get a vote out of Ten- 
nessee, and that Tennessee must not separate from the rest of his friends ; 
that he found there was a strong disposition in this State to press the 
claims of Judge "White, but that it would not receive any countenance or 
support elsewhere. But further, said he, this matter must be compro- 
mised. Judge White and the State of Tennessee ought to be satisfied to 
have the name of Judge White on the ticket with Mr. Van Buren as Vice 
President. Judge White is yet young enough to come in after Mr. Van 
Buren, and such an arrangement will make all right now, and secure the 
certain elevation of Judge White, after Mr. Van Buren. I do not know, 
said he, with a smile, what we shall do with Pvichard M. Johnson, but I 
suppose we can arrange the matter with him some other way. General 
Jackson requested me to come on to Washington at the commencement 
of the session of Congress ; and when I told him I could not, he requested 
me to write to him during the winter what was going on in Tennessee. 



304 MEMOIR OF HUGH LAWSOJT WHITE. 

I told General Jackson, when be proposed that Judge White should be 
put on the ticket as Vice President, that if Judge White should be run on 
the same ticket with Van Buren, that I would support it, and I thought 
a majority of those who were desirous of bringing out Judge White in 
Tennessee would do the same, but that it would not satisfy all. 

I told the substance of this conversation to Judge Powell, and John 
Kennedy, Esq., shortly after it occurred; I think, also, to John Young, of 
this county, and S. D. Mitchell, and, perhaps, to some others. 

When you came on afterwards, the same fall, on your way to Washing- 
ton, I told it to you at Eogersville. Your reply, after listening till I got 
through, was, that the office of Vice President of the United States was a 
place not unworthy of the ambition of any man, when properly obtained ; 
that it was, perhaps, greatly superior to your merits, but that you would 
not accept that or any other office, when your name was to be used as a 
lure to draw men into the support of a ticket they would not otherwise 
vote for. We had other and further conversation on the matter of the 
same tenor, which it is not necessary now to recapitulate. Immediately 
after my leaving your room, I was accosted by several of those to whom 
I had told General Jackson's proposition of your being put on the ticket 
as Vice President, and asked if you would accede to that proposition. I 
gave them your reply, as above set forth. They then said you would 
[not] run ; for in the conversations they had heard upon the subject of 
your nomination, it had been maintained by many — perhaps, a majority 
— that you would not allow your name to be run at all. General Jackson 
had' expressed that opinion in the conversation we had. He had also 
stated, he had no objection to a nomination of Judge White, if he was 
only recommended to the American people, and to the favorable conside- 
ration of a general convention of the party; but that any attempt to pro- 
cure an absolute nomination must be put down by his friends. 

The foregoing is the substance of my conversation with General Jack- 
son, in relation to your nomination and being run for the Presidency to 
the best of my recollection. At this late period, I have, for the first time, 
attempted to reduce it to writing, and, of course, cannot pretend to be 
absolutely and certainly right in every particular. But I think I have 
committed no essential errors. 

You are at liberty to use this letter as you please. I do not wish it 
to go into the newspapers without some strong necessity. But if such 
should exist, I will not shrink from the responsibility. 

Your friend, 

Oeville Beadley. 
The Hon. Hugh L. White. 



HIS RELATIONS TO GENERAL JACKSON. 305 

Washington City, Jan. 1, 1836, (7.) 
Dear Sir : In a speech which was made by Judge White at Jonesboro, 
Tennessee, and which has been published in the papers of that State and 
elsewhere, he stated in substance (I have not the speech before me), that 
you were asked how I stood in relation to the Administration, and the com- 
ing election for President ; and that your reply was, I do not know how 

HE STANDS ; I BELIEVE HE IS UPON THE FENCE, AND IT IS UNCERTAIN WHICH 

side he will drop. The first time I saw Judge "White after the publi- 
cation of his speech, I requested to know who was his author in regard 
to the expression you were said to have made. He gave the name of Mr. 
O'Brien, of Washington county, Tennessee (if I remember right), as the 
person who heard you make the expression. It seems that one of my 
colleagues, and an honorable member from Virginia, have thought proper 
to reiterate this charge upon the floor of Congress, in the discussion of a 
question now pending and undeterminated in the House of representa- 
tives. 

Not having any acquaintance with Mr. O'Brien, and having some doubts 
in regard to the accuracy of his statements, I hope you will not deem it 
disrespectful in me to ask from you a refutation or a confirmation of it. 

I know, sir, that the weighty affairs of government, which draw so 
largely upon your time and attention, leave you but little time to attend 
to small matters like this ; yet it has become one of considerable import- 
ance to me, or it is made so through the agency of others. 

As I do not consider that I occupied the doubtful position assigned me, 
and having no reason to believe that you would knowingly do me the 
least injustice, I ask with the more confidence your answer as early as 
my be convenient. 

With sentiments of respect, I have the honor to be, 

Your most obedient servant, 

Adam Huntsman. 
The President of the United States. 



Washington, January 2, 1836, (7.) 

Sir : Your letter of the 1st instant is before me. I have not the slightest 
recollection of having made the remarks in reference to you, which, it 
seems from your note of yesterday's date, was imputed by Judge White 
to me, in a speech at Jonesboro, Tennessee. I do not know, nor have I 
any recollection of the witness to whom Judge White refers you. I have 
no acquaintance with the O'Brien family. And it is scarcely possible 
that I should have entered into the familiar discourse described by Judge 
White with a perfect stranger, without retaining some trace on my 
memory of the man, or of the extraordinary questioning to which it 

20 



306 MEMOIR OF HUGH LAWSON WHITE. 

would seem he subjected me. If I had been interrogated about you, by 
one whom I thought entitled to take such liberty, I should have said to 
him that I esteemed you, from your votes and course in Congress, as a 
friend to the Administration ; that in regard to the then pending election 
for President, you were the avowed friend of Judge White for President, 
but willing to give effect to the wishes of your constituents, if they pre- 
ferred Mr. Van Buren, in case the election came into the House of Eepre- 
sentatives. 

It is, however, superfluous labor to contradict the fabrications put forth 
by Judge White and his speech-makers, who, it seems from your note, 
are repeating the stories made up for their electioneering harangues in 
the House of Kepresentatives. The public know how to estimate their 
assertions. If it were worth the trouble, there is not one of their nar- 
ratives with which they have connected my name, so far as I have 
heard, that could not be proven as mere fiction by all the persons whom 
they represent as bearing a part in what they pretend to describe. 

But I do not blame these subalterns. Judge White himself, in his 
Knoxville speech, did not hesitate to lead the way in this sort of traduc- 
tion. To distinguish his own purity, and claim credit for disinterested 
moderation in declining the Vice Presidency (and at the same moment 
when he was seeking the Presidency itself, and electioneering for it by 
boasting of his incomparable modesty), he gave the people of Tennessee 
to understand that I had attempted to purchase his support of Mr. Van 
Buren by an offer of the Vice Presidency as the first consideration, with 
the Presidency itself in reversion. There never was a grosser libel than 
this. There is about as much truth in it, as there was sincerity in that 
lame apology in the Judge's letter to Mr. Prior Lea, wherein Judge White 
pretends he was desirous to prevent my election to the Senate of the 
United States, and send my bitterest enemy to that body, giving him a 
high station whence to scatter calumnies against me, merely for my good 
— namely to advance my pretensions to the Chief Magistracy, by saving 
me from the suspicions of accepting the senatorial office as a means of 
electioneering for myself! An office which he lately accepted precisely 
under the circumstances which subjected him to the identical imputa- 
tion from which he was so anxious to screen me! This, and many 
recent developments of character, show that Judge White, under strong 
temptation, has a lax code of morals for himself; and his remarkable 
readiness to invent pretexts to cover the naked and palpable selfish- 
ness of his late tergiversations and multiplied inconsistencies, shows 
that he need not tax the invention of his subordinate instruments for 
falsehoods to suit his exigencies. Whether, then, he has fabricated him- 
self the improbable story to which you refer, in addition to the other 
shameful imputations with which he has associated my name, or is in- 
debted for them to some of the numerous family of the O'Briens, is matter 



HIS RELATIONS TO GENERAL JACKSON. 307 

of but little moment to me. They all now stand in equal credit with the 

country. 

I am, sir, your most obedient servant, 

Andrew Jackson. 
The Hon. Adam Huntsman, in Congress. 

P. S. As Judge White has been the subject of your letter and this 
reply to it, you will please show him this my answer. 

A.J. 



Copy of a letter to the Hon. Adam Huntsman, from the Hon. Hugh 

L. White. 

Washington Jan. 4th, 1837. 

Dear Sir : Herewith I return the correspondence between you and the 
President, dated the 1st and 2d instant, which you handed me this after- 
noon. As you requested, I have not shown it to any person, nor have I 
mentioned to any one that I have seen it. 

I feel called on, when returning it, to say something in relation to its 
contents. 

In the President's answer, he says he has no recollection of Mr. O'Brien, 
and thinks it not likely he would have been catechised by an entire 
stranger, &c. 

I never said that Mr. O'Brien had conversed with, or asked him a 
question, but that he heard him make the statement in answer to ques- 
tions put by others in Jonesboro. All I know is, that Mr. O'Brien gave 
me the information. He is a respectable man. I believe what he told 
me to be true ; and the circumstance that the President does not recollect 
anything on the subject is only additional proof that the best of us cannot 
always recollect what we have said. Our colleague, General Carter, was 
present, and heard my conversation with Mr. O'Brien, and to him I refer 
you for the accuracy of my statement. 

As to the other parts of the President's letter, I regret to find the 
temper in which it is written. It indulges in statements and suspicions 
not only erroneous, but unfounded and unjust. 

Everything in the speech stated as of my own knowledge was truo, 
and everything derived from the information of others I then believed, 
and yet believe, to be true. 

I hope you will not deem me unreasonable, when I ask a copy of this 
correspondence. 

I do not complain of the injunction imposed, not to shoro it to any 
person ; but if you have allowed others to see it, and make its contents 
the foundation of accusations against me, I would think I was unfairly 
treated, and that you ought to remove that injunction. 

Most sincerly and truly yours, 

nc. L. White. 



308 MEMOIR OF HUGII LAWSON WHITE. 

Copy of a letter from John O'Brien, Esq. to the Eon. W. B. Carter. 

Publied Iron Works, Jan. 19i/j, 1887. 

Dear Sir : Yours of the 5th instant was received on yesterday even- 
ing, requesting me to state the particulars respecting an expression I 
heard General Jackson make while in Joneshoro. On the evening of the 
day of General Jackson's arrival in Joneshoro, I accidentally happened 
at the place, and after night, was invited hy the Hon. John Blair, to walk 
with him to Nathan Gammon's, Esq., to see the President. I accom- 
panied him, and was introduced by him to the President. Immediately 
after my introduction, I took a seat but a short distance from the Presi- 
dent, near Mr. Donelson and G. Gammon, Esq. I was so near the 
President, that I could distinctly hear every word he said. He was 
asked by some gentleman in the room (for there were several present), 
what he thought of several of the Tennessee delegation in Congress ; to 
all of which questions he replied. Amongst the rest he was asked what 
he thought of Mr. Huntsman. He replied : " He is on the fence, sir, and 
I do not know on which side he may fall." I remained in the room a 
short time after the General had made the foregoing expression, and left 
the room with the Hon. John Blair. 

Enclosed is a certificate from under the hand of Christian E. Carriger, 
Esq., who accompanied the Hon. John Blair and myself from Mr. Blair's 
to Mr. Gammon's. I will go to Jonesboro this evening, and endeavor to 
obtain the statements of some gentlemen there, who were present at the 
time, which I will enclose to you so soon as I obtain them. 

"With high consideration, I remain your friend, 

John O'Brien. 
Gen. "W". B. Carter. 



Certificate of Christian E. Carriger, Esq. 

January 19, 1837. 
I do hereby certify, that on General Jackson's last visit to Jonesboro, 
on his way to the Hermitage, at the request of the Hon. John Blair, I 
went in company with him and John O'Brien, Esq., to see the General, 
at Nathan Gammon's, Esq. That at Mr. Gammon's, in presence of Mr. 
O'Brien and several other gentlemen, I heard some gentleman ask the 
General several questions respecting the Tennessee delegation; among 
other questions, what he thought of the Hon. Adam Huntsman ? " He is 
on the fence, sir, and I do not know on which side he will fall ;" was the 
General's reply, (as near as I can remember) verbatim. 

Given imder my hand, 

Christian E. Carriger. 



HIS RELATIONS TO GENERAL JACKSON. 309 

Reply of Judge White to GeneralJacTcson* 

TO THE FEEEMEN OF TENNESSEE: 

fellow citizens : A recent production, over the name of the late Chief 
Magistrate of the United States, now going the rounds in our newspapers, 
imposes on me the duty of addressing you. We live in strange times. 
At peace with all the world, a handful of savages excepted ; a few months 
ago, apparently prosperous to an extent almost unexampled, with funds 
in the treasury so far beyond the economical wants of the federal govern- 
ment, that statesmen were perplexed to know how to dispose of them. 
Now, our commerce destroyed, our merchants in every direction ruined 
and breaking ; the crops of our planters without a market, and they in 
debt, without any means with which to make payment; specie payments 
suspended by our banks, and their notes depreciated, and the government 
itself placed in such a situation, as to its moneyed concerns, that it can- 
not move ; hardly a dollar can be collected or paid without a violation 
of our acts of Congress. What has caused these misfortunes, is a ques- 
tion of grave and solemn import. It is one, in relation to which, every 
man is called on to form an opinion, and a free expression of opinions 
sincerely entertained, may, it is to be hoped, lead to some suitable remedy. 

For myself, I cannot doubt but the specie circular, as it is called, which 
issued in July last, and the mode adopted to transfer to the respective 
States their proportions of our surplus treasure, were the immediate causes. 

I have ever believed that circular less justifiable than any act of our 
federal executive. It undertakes to legislate for the people of the United 
States by the sole power of the President. It makes distinctions between 
different classes of our citizens, which I doubt whether Congress, with 
the aid of the President would have the power to make ; and I feel con- 
fident, if they had the power they dare not exercise it. 

Independently of the President having no power to cause such an order 
to be issued, its provisions were unwise, unjust, and calculated to pro- 
duce the very state of things which now exists. From the time I first 
read it, I have ever most firmly believed the true reasons which gave rise 
to it were not avowed by its authors. It bears date in July, a few days 
after the rise of a Congress at which an act had passed directing a portion 
of the surplus revenue to be deposited with the States. This act was 
very offensive to the President, although he gave it his signature. One 
object then, of this circular was, to lessen the sales of the public lands, 
so that there might be little or nothing to divide on the first day of Jan- 
uary and afterwards. 

A Presidential election was then pending and the incumbent was using 
his influence in favor of one of the candidates, and it was believed the 

*From the Knoxville Register of July 12, 1837. 



310 MEMOIR OF HUGH LAWSON WHITE. 

permission to the people of the new States to pay for their lands in oanJs 
notes till after the Presidential election, would influence their votes in 
favor of his candidate, and a still more important object was, to produce 
such a run upon all banks as would compel them to suspend specie pay- 
ment. Every holder of a bank note is told in substance, that it is doubt- 
ful whether his note is good, that the banks had overtraded themselves 
and would probably be unable to pay their debts. This idea is advanced 
by the President of the United States, in whom the people had unbounded 
confidence, and who from his official station had a right to know the funds 
and condition of each of the deposit banks. Nothing could have been 
better calculated to produce a run upon the banks than such a statement 
from such a source. In addition to this destruction of their credit, all 
those who held notes and did not reside in the State where they might 
wish to purchase lands must necessarily call for specie from the banks, 
as nothing else would be received at the land offices. 

This attack on the credit of the banks and the runs either made or 
expected, compelled them not only to withhold the usual accommoda- 
tions from merchants, but to exact payment for debts already contracted. 
Thus merchants must probably fail first and then the banks must surely 
follow, shortly afterwards. 

But if the circular itself was not sufficient to destroy the credit of the 
banks, the mode proposed for transferring the funds to the respective 
States was well calculated to give it the final blow. The specie was to be 
dx-awn from the deposit banks, to be placed in the State treasury. Could 
any plan have been devised better calculated to alarm the banks and 
society ? Beside, no conceivable benefit could result to the States from 
such an operation. If each State had been furnished with drafts upon 
banks in proper sections of the "Union, upon these drafts they could have 
received their moneys at home, and the trade and commerce of the 
country been essentially benefited, without incommoding in any degree 
any of the banks. 

I have no doubt the banks had extended their discounts too far in many 
instances, and it may likewise be true that merchants had overtraded ; 
but I have no doubt the great error income of the banks consisted in 
making extravagant loans, to companies of land purchasers, at our public 
sales, and of Indian reservations. This prevented in many instances the 
usual accommodations to merchants, and enabled the friends and favorites 
of the Administration to monopolize immense bodies of our most valuable 
lands, at the minimum price. No attempt that we know of was made to 
chech the deposit banks in this course, until the desired purchases were 
completed, and the political views of the party were accomplished. They 
were lauded, and society was taught to believe the wise measures of the 
executive would presently give us all wealth to our hearts' content. Thus 
then the banks were first encouraged in their imprudence, and when the 



IIIS RELATIONS TO GENERAL JACKSON. 311 

proper time arrived, those who had used them for pecuniary and election- 
eering purposes, caused the treasury order to be issued, and followed up 
by the worse than useless mode of transferring the public moneys, and by 
these means have caused the disasters to the merchants, and tho suspen- 
sion of specie payments, to the great discredit of the banks and loss of 
every portion of the community. 

It will be asked why I believe the Administration wished to compel the 
banks to suspend specie payments. 

I will answer the question in all sincerity ; because I believe General 
Jackson now wishes a bank of the United States founded upon the moneys 
of the United States, and attached to the treasury department. 

"We all know that iu more than one of his messages he recommended 
such a bank, and I know that in 1829 he wished Mr. Grundy elected to 
the Senate, in preference to Judge W. E. Anderson, because he believed 
Mr. Grundy could better aid in making up a party in Congress to esta- 
blish such a bank. 

His object when he came into the Presidency was to have such a bank ; 
nothing was said by him recommending it after Mr. McDuffie's report. 
In common with others, I believed he had despaired of it after that report, 
until I read the treasury circular, and from that time I have believed it 
was an object that he had never lost sight of, and that he and his advisers 
have put into operation a series of measures, disastrous to the country 
at large, and ruinous to many individuals, in order to prepare the public 
mind for such a bank. 

The President has repeatedly said, that unless the successor designated 
by himself was elected, the great measures of his Administration would 
not be carried out, and if they were not carried out, the great value of all 
he had done would be lost. 

What great measure is yet to be carried out? I answer the mak- 
ing a treasury bank. How was the public mind to be prepared for 
Buch an institution ? By the very means he has employed. The United 
States Bank must first be put down, because while it lasted there could 
be no use for a treasury bank, and in the second place, it must bo proved 
by actual experiment, that the State bauks cannot do the fiscal business 
of the government, and give society a sound currency. Now, whenever 
the banks refuse to pay in specie the government deposits, and decline 
paying specie generally, what is the argument? It is, that we have tried 
a bank of the United States by incorporating individuals, and find that 
it will not answer, because it will soon have so much power that it will 
control the government itself. We have made an experiment with the 
State banks, and find they cannot do our fiscal business, nor can they 
give us a sound currency ; therefore, there is no alternative, but to create 
a lank of our own, upon our funds, and which will always bo subject to 
our control. 



312 MEMOIK OF HUGH LAW80N WHITE. 

Every circumstance which is now transpiring, connected with this 
subject, confirms me in the opinion which I have expressed. 

1. The tenacity with which any deposit with the States is resisted. 

2. The manner in which the illegal treasury circular is adhered to, 
although the decisive opinion of Congress and of society is known to be 
opposed to it. 

3. Mr. Cambreleng's letter in New York, in which he is opposed to 
giving the banks any indulgence. 

4. The loyalists in this State and others, candidates for Congress, are 
said to be advocating it. 

5. The Globe has ventured to broach the subject likewise. 

6. A pamphlet, purporting to be written, in Great Britain, which is 
now in circulation, recommending such a bank. 

While the people at large are lamenting the serious misfortunes which 
have befallen the country, the President is, as I believe, felicitating him- 
self that the time is rapidly approaching, when one of his great, unfinished 
measures, is to be accomplished under the management of his successor. 

In all this he may be very honest ; he may conscientiously believe, that 
our highest interests will be promoted by it — that we can be secured in 
a sound currency — have our fiscal concerns well managad — and above all, 
that the great democratic party will thus be enabled always to retain the 
political power it now possesses. Those engaged in speculations in public 
lands, who are debtors of the banks, must be delighted with the present 
state of things. Specie payments are suspended; this will enable the 
banks to give them longer indulgence ; the notes have depreciated, and 
will continue to depreciate, and they will presently be able to purchase, 
at a great discount, notes enough to discharge their debts, and thus realize 
the speculations which they anticipated. 

But General Jackson says, in substauce, that I advised the removal of 
the deposits from the Bank of the United States, and that my only com- 
plaint against his conduct was, that the removal was not made soon 
enough, &c. He has expressed himself too loosely upon this subject, to 
give to the public a correct idea of the part I took in this matter. 

He never had a personal conversation with me on the subject of remov- 
ing the deposits from the Bank of the United States. He never consulted 
me by letter, or otherwise, but once, and that was by letter bearing date 
the 24th of March, 1833. In answer to which I gave him my opinion in 
the following words, under date of April 11th, 1833 : 

" To this inquiry I answer, we ought not only to do that which is for 
the public interest, but we should do it under circumstances which will 
enable us to satisfy the people whose business we transact, that the change 
was necessary to promote their interest. 

" When the Bank of the United States failed to obey the directions of 
the government in paying off its debt and negotiated with the creditors 



HIS RELATIONS TO GENERAL JACKSON. 313 

for indulgence, I think the deposits ought to have been immediately 
withdrawn, and every federal officer instructed not to receive any of 
those small drafts or checks, now used as substitutes of five, ten, and 
twenty dollar notes. Public opinion I have no doubt would then have 
sustained the executive in such a course; but the government, from 
motives which all ought to approve, wished to be certain of the insol- 
vency of the bank before it withdrew the public deposits, therefore 
appointed an agent to examine and report its condition. That report is 
before the world, and is as flattering as the bank could wish, as to its 
insolvency. Since then the matter has been brought to the notice of 
Congress, a committee has been created by the House of Eepresentatives, 
and a majority of that committee has made a report most favorable to 
the bank. The minority of the committee has also submitted its view 
of the solvency and management of the bank, in such terms as, if it stood 
alone, would create a well-founded belief, that the public money was 
unsafe where now deposited. But the question occurs, what opinion will 
society form from these documents, taking them altogether ? The opinion 
of the confidential agent of the treasury, and that of a majority of the 
committee one way, and that of the minority of the committee the other, 
places the question of the solvency of the bank in such an attitude before 
the public, that I do not believe the executive would act wisely in order- 
ing a withdrawal of the deposits from the Bank of the United States, and 
placing them in State banks at this time. Public opinion will, in my 
judgment, best sustain the executive in permitting them to remain with 
the Bank of the United States until its charter expires, or some future 
development shall show that the bank is so managing its concerns as to 
make it necessary to the public interest that the public money should be 
withdrawn from the power and control of the bank." 

During the session of Congress next succeeding the removal, upon a 
question whether a bill might be introduced to prolong the charter of 
the Bank of the United States, I took occasion to express my opinions as 
to the power of the President to cause the removal, and against the restor- 
ation of the deposits to the bank ; but as to the wisdom or policy of the 
removal at the time it took place, the preceding autumn, I explicitly 
stated that, as a question upon which the best friends of the President 
might well differ in opinion. 

I was then, as I ever had been, and yet am, of opinion that Congress 
had no power to grant the charter, or to reneio it, and that if they pos- 
sessed the power it would be bad policy to exercise it, and as the deposits 
had been removed, and constituted a fund upon which State banks were 
doing business, that it would be unwise to restore them to a bank, the 
charter of which must soon expire, and which I did not believe ought 
ever to be renewed. 

These were my opinions, freely expressed and acted on. They may 



314 MEMOIR OF HUGH LAWSON WHITE. 

have been erroneous, but were honestly entertained, and if the President 
intends to communicate to tbe public the idea that I ever gave any other 
opinion, or advice, as to the propriety of the removal, than those I have 
now adverted to, he is doing himself, as well as me, injustice, because he 
is communicating to the public information which is not in conformity 
with the fact. 

At the time the deposits were removed, before that time, and ever 
since, I have been of opinion the fiscal concerns of the government could 
be managed through the agency of State banks, and that they could at 
the same time furnish the country a sound currency, and I had the most 
unbounded confidence in the integrity of the Chief Magistrate, and 
believed he would cause a fair experiment to be made. Had I then fore- 
seen what I now believe to be true, that the real design was to obtain a 
control over the public moneys, that they and the State banks might be 
used for electioneering purposes, and as a means by which favorites could 
monopolize our public lands, and that then the banks were to be com- 
pelled to suspend specie payments to prepare the public mind for a trea- 
sury bank, such a course for such purposes could have had no countenance 
from me. 

I consider the experiment which has been made with the State banks 
an experiment to ascertain whether our public deposits will enable an 
executive to obtain so much control over the State banks as to enable him 
to induce them to overtrade themselves, and after the political and pecuni- 
ary purposes of himself and friends have been accomplished, then to 
compel them to suspend specie payments, and that that experiment has 
been successful. 

It is in vain to expect benefits to society from this or that system of 
laws, upon any subject, unless the system is to be carried into effect by 
men of integrity and capacity. The best system which can be devised 
by the wisdom of man will terminate in ruin and distress to society, if 
its administration is placed in the hands of dishonest and incompetent men. 
No man can shut his eyes so close as not to see that many of our offices 
have been filled during the late Administration with the very worst 
material the country furnished ; and this is the inevitable effect of party 
excess. The great democratic party must be kept up, and how ? By the 
Administration making a democrat whenever one becomes necessary to 
control an election, and this is speedily done by taking a rancorous old 
federalist or monarchist, getting him to promise allegiance to the party, for 
which he must be given, or promised, an office for which he is unfit, or 
favored with the purchase of public land, or an Indian reservation ; he 
then becomes ipso facto a democrat, and is sent forth " to shoot as a 
deserter " any honest man who does not choose, to every extent, to give 
up his principles and become associated with a part} T , which has no fixed 
principles, save the one " that to the victors belong the spoils. 17 



HI8 RELATIONS TO GENERAL JACKSON. 315 

I have felt it my duty to make these remarks to prevent, if possible, 
my constituents from being incautiously led into a trap, which I think 
has been set for the people of the United States ; I mean the support of a 
treasury bank. Should such an one be established, and placed as it must 
be, under the control of the federal executive, the power thus conferred, 
when added to that already possessed, will give us to every substantial 
purpose, as complete a monarchy as exists anywhere, and one which will 
equal, if it does not excel, in its means of corruption, any government 
known to the civilized world. 

According to what we see in the public prints, Congress is to convene 
on the first Monday in September next, for what purpose we are not told, 
but all presume, to aid in some plan to relieve the country and the govern- 
ment from the existing embarrassments. Should it be my fortune to 
make one of that honorabe body, I will most heartily concur in any 
measure which may conform to the Constitution and be calculated to pro- 
mote the welfare of the country ; but I use this occasion to say, explicitly, 
that I will be asked in vain, as now advised, to concur in the establish- 
ment of a treasury hank, because I believe it would destroy the last hope, 
that your children and mine could enjoy that liberty which is their birth- 
right. 

I now proceed to make some remarks on the comments General Jackson 
has seen fit to make on my deposition before the committee of investiga- 
tion, of which Mr. Wise is the chairman : 

In the card which preceded, by several weeks, the extensive commen- 
tary, we had a foretaste of what might be expected. 

It commenced with a statement that his (the General's) attention had a 
few days before been called by a friend to my deposition. As much as 
to say in plain language, that until his attention was thus called to it, he 
was ignorant of its contents. 

This statement is not such an one as ought to have been expected from 
so distinguished a man. In Washington it was repeatedly said, and I 
have no doubt truly, that some of the members of that committee daily 
submitted to the labor of making a copy of whatever was deposed to, 
and furnished the President with it, before he retired to take his night's 
repose. When the circumstances under which I was called before that 
committee, what occurred before I was sworn, and the President's letter 
to the committee, are considered, it is hardly within the range of proba- 
bility that he should be indifferent to the matter which the deposition 
contains as not to have immediately procured a copy of it. Indeed the 
dates of the very certificates he publishes to counteract its contents, and 
what is stated in that from Mr. Eandolph, prove that he was familiar with 
it long prior to the time indicated in his publication. His real object, no 
doubt, was to so time his publication, as to have the most effect upon our 
approaching elections ; some apology for delay was necessary, and the one 



316 MEMOIR OF HUGH LAWSON WHITE. 

made is, as I think, not consistent with the high character a retired Presi- 
dent ought ever to maintain. 

His next object seems to be, to show that I acted incorrectly in saying 
anything on the subject of privilege, and then submitting to be sworn as 
a witness. 

In endeavoring to do this, his advice, his quotations, and his statements 
are so lengthy, that it is with some difficulty we can keep pace with him. 
It may be that I erred in suffering myself to be sworn as a witness ; but 
as I had to act according to my own feeble judgment without the benefit 
of his advice, I took that course which I believed to be the most correct. 
The investigation of the committee had developed some facts not pleas- 
ant to those concerned ; if a fair examination was persisted in, farther 
disclosures would add to the unpleasantness of their situation. To avoid 
this, I have no doubt, the expedient was resorted to, of having several 
members of Congress, myself among the number, summoned as witnesses. 
I was not summoned at the instance of any one who wished to pursue 
the investigation to ascertain whether frauds had been committed or not. 
The application for the summons was made by Mr. Mann, of New York, 
and it was distinctly understood that he made this application at the 
instance of the President. The committee had no right to issue any such 
subpoena for me, and this must have been well known to gentlemen as 
well informed as the President, and the majority of the committee, and 
I had no doubt, they expected and hoped that I would disobey the subpoena 
and refuse to be sworn ; then the cry would have been raised tbat the 
charges were all groundless ; I knew it, and had refused to testify ; but 
all these calculations were defeated when I voluntarily appeared, protested 
against the legality of the proceedings and showed a willingness to be 
sworn, and at the same time distinctly stated that I understood I was 
summoned at the instance of the then President and his successor, and 
that if sworn must tell what I knew, confidential or otherwise. Mr. 
Mann was then present, did not contradict one word that I said, and it 
was evident the party was brought to a pause. After some time I was 
told by the committee I could then retire, and when they wanted me I 
should be notified. This gave rise to the President's letter to the com- 
mittee, which has been published, and it must be seen he had so entangled 
himself he could take no other course but that which his letter indicated. 
I was afterwards notified to attend, did so and made the deposition of 
which the President complains. 

In all this it appears to me I was right. I had stated nothing either in 
the Senate or elsewhere, which I did not either know or believe to be true. 
On my own account, I had nothing to conceal — and, if those who had 
made confidential communications would have me sworn, what must I 
do? Nothing but that which I did do, tell the truth and nothing but 
the truth. 



HIS RELATIONS TO GENERAL JACKSON. 317 

He next proceeds to that part of the deposition relative to the creation 
of the office of Commissioner of Indian Affairs, and the appointment of 
Mr. Herring. 

The deposition affirms that the Secretary of "War induced me to intro- 
duce the bill and have it passed, upon a representation that Mr. Herring, 
then at the head of the Indian bureau, with a salary of sixteen hundred dol- 
lars, was so illy qualified for the office, that the public interest was likely 
to suffer — and that after the law bad passed, this same individual was 
appointed to the new office with the salary of three thousand dollars, 
and that he was really not qualified, and that the public interest has 
suffered, and then offers as matter of excuse for the secretary, that he 
was probably induced to acquiesce in this appointment, by others for 
electioneering purposes, &c. Now, what material part of this statement 
is contradicted ? Not one word of it, by either the President, or any of 
his witnesses. 

No man has said, or can with truth say, the secretary did not represent 
him as incompetent. Nor has any one pretended he was competent. 

Why did not Major Donelson or Mr. Harris testify to one or both 
these points? Mr. Harris Tcnows he was incompetent, and that in conse- 
quence of it, the public interest has suffered, and if asked, cannot say 
otherwise. 

In what situation then does the President's comments and testimony 
place his secretary ? Why, in the situation of a man who has practised 
a gross fraud upon Congress to obtain the creation of a new office, and 
increased salary for Mr. Herring, and had made the two chairmen of the 
committees on Indian affairs his dupes to carrry such unworthy views 
into effect. 

I did not believe the secretary capable of such conduct, nor do I now 
think so. I made such apology for him as I believed to be true, and in 
that belief am not in the least shaken. 

If the Indian department was intended to be used for electioneering 
purposes, an incompetent man of all others was best suited for the office. 

It appears to be thought as Mr. H. was a Clintonian in New York he 
must have been an enemy to Mr. Van Buren's election as President. 
Strange conclusion. Clinton is dead, and since his death Mr. Van Buren 
is himself his friend, and pronounced to his colleagues in Congress a 
high-wrought eulogy upon his worth and character. 

Mr. Herring in his manners and deportment is a gentleman ; I never 
have heard his integrity questioned, and regret that I have been com- 
pelled to speak of him, as I have done; but truth is truth, and if any one 
can conscientiously say bis appointment, under the circumstances, "was 
with a single eye to the public interest," then I can only say I entertain 
a very different opinion. 

The President states that after the law passed he had intended to 



318 MEMOIK OF HUGH LAWSOX WHITE. 

nominate another individual for the office, had made out the nomination, 
and was prevailed on by his secretary not to send it to the Senate, and 
that in conversation with me he had told me so. 

To this statement, so far as it relates to any communication of such a 
fact to me, I can only say the President is undoubtedly mistaken. Neither 
at the time spolcen of by 7dm, nor at any other time, did he ever communi- 
cate any such fact, nor did I ever hear of it until I read his publication. 

In time past when the President has made statements of facts, which 
I knew or believed to be erroneous, I was ready to find an apology for 
them in what I supposed his decayed memory ; but in this publication his 
statements of some facts and contradiction of others are so extraordinary 
that I must leave it to others to find out the cause. I hope it will not be 
considered as disrespectful when I add, there is reason to believe the loss 
of memory is not the only mental loss he has sustained within the last 
few years. 

The attempt to get clear of the effects which he fears may be produced 
by that part of the deposition relative to the dissolution of the first 
cabinet in 1831, is both in the matter and manner of it well calculated to 
mortify every sincere friend he ever had. It discloses the want of memory 
and mind, to an extent of which I was not aware. Formerly, although 
his style was rough and generally not very good English, yet it was ner- 
vous and perspicuous. In this effort he appears bewildered, and to have 
lost all distinct recollection of what occurred in the first years of his own 
Administration. It is confused as to the dates of different facts and trans- 
actions, and huddles together a confused mass of matter, much of which 
can have no bearing on the subject. 

The deposition affirms, that when the cabinet was dissolved, the Presi- 
dent had made up his mind that Mr. Van Buren should succeed him — 
that he wished to get clear of the old cabinet, and create a new one that 
would be a unit towards accomplishing that object — that he did not wish 
to lose sight of Major Eaton's services, and therefore desired me to be 
Secretary of War, and Major Eaton to succeed me in the Senate, &c. 

Now, this is all true, before God, as I religiously believe, and General 
Jackson can never forget that I know it, in a mode which ought to leave 
no doubt on my mind ; and he certainly cannot have forgotten that he 
was told by me, that if even my seat in the Senate were vacant, it would 
be very difficult to procure Major Eaton's election, on account of some of 
his votes while he had been a member of that body. He now states, that 
at that time Mr. Van Buren had not been thought of as his successor. 
He is entirely in error, and can perhaps correct himself, if he will recur 
to Mr. Van BurerSs letter of resignation, and other written evidence, 
which either is, or ought to be, in his own possession at this time. 

The old cabinet was composed of Messrs. Van Buren, Eaton, Barry, 
Berrien, Branch, and Ingham. The three first were friendly to Mr. Van 



HIS RELATIONS TO GENERAL JACKSON. 319 

Buren's elevation, the three last were supposed not to he so, and there- 
fore produced a want of harmony. The real desire was to get clear of 
these gentlemen. It was supposed that if the two first resigned, the three 
last would follow their example, and supersede the necessity of their dis- 
missal. The experiment was made and failed, and the President was 
driven to their dismissal, although he admitted their duties had been faith- 
fully performed. 

Now, if the truth were not as I assert, why was not Barry dismissed 
also ? The President did not wish to lose him, and if dismissed there 
was no chance of his coming in from Kentucky. 

Unfortunately for the President, but fortunately for the development 
of truth, he has gone into some of the secret history of the early part of his 
Administration ; and among other things, states, that he had reduced to 
writing the principles upon which his Administration should be conducted 
— and one of these was, that no member of his cabinet should be a candidate 
to succeed him ; that this paper was shown to me, and I approved of it, &c. 

Now, is not this admission proof as clear " as evidence from Holy 
Writ," that my statement is correct? Mr. Yan Buren, from March 1829, 
to 1831, was a member of the cabinet; then it was determined that he 
should be the candidate to succeed General Jackson, and as it was an 
article in the Jacksonian creed, reduced to writing and shown to the 
members of the party, and approved of by them, it became essential, that 
he should cease to be a member of the cabinet, and he resigned accord- 
ingly- 

If General Jackson's mind is so enfeebled that he cannot comprehend 

this, I feel confident the public will understand it very fully. 

These ancient reminiscences give rise to very unpleasant reflections. 

Some former Administrations have been suspected of using the patron- 
age and influence of the federal government to control public opinion in 
the Presidential elections, simply because members of the cabinets had 
been candidates. General Jackson and his whole party had warred 
against this abuse, had represented it as a high moral and political offence, 
and when he came into otfice he came in solemnly pledged to reform this 
most gross, demoralizing, and alarming abuse of power ; and to assure 
bis friends he would carry out this principle in practice, his creed con- 
taining this article was reduced to writing, and shown to myself and others, 
and I approved of it. 

True as gospel, I approved it then, ever since, and never saw the neces- 
sity for it so strongly as now. 

How has this solemn pledge been kept? To the ear only, but to the 
Bense most shamefully, openly and notoriously violated. 

If Mr. Van Buren had continued in the cabinet, and been a candidate 
to succeed General Jackson, it would have been suspected that the 
patronage and influence of the government was used to elect him. To 



320 MEMOIR OF HUGH LAWSON WHITE. 

avoid this suspicion he must resign, and then openly and notoriously this 
very patronage and influence is brought to bear with its whole force upon 
public opinion, and through this means he is elected ; and I and all others 
who will not say this is right, and in conformity with the Jackson demo- 
cratic creed, are to be excommunicated, and, to use the New York phrase- 
ology, "shot as deserters;" that is, calumniated out of all the character 
we ever had. 

But the General says, that my statement of his using the appointing 
power to bring in Mr. Van Buren is unfounded, because after that time 
he appointed my step-son, at my instance, to an office, and that he also 
appointed many other of my friends. 

This statement is calculated to deceive if unexplained. It is true that 
at my instance he appointed Mr. Frost secretary to the French commis- 
sion, and about the same time may have appointed other officers upon 
my recommendation, and I have the gratification of believing that Mr. 
Frost discharged all the duties pertaining to the office with integrity and 
ability. 

At the time this appointment was made I was in full communion with 
the church, as the President supposed, my name had never been thought 
of as a candidate, so far as I was informed ; and he no doubt believed 
that whenever he and those he could control changed their creed, I would 
change my creed likewise, and he never was convinced to the contrary, 
until after his attempt upon me through Mr. Bradley, which was in the 
autumn of 1834. 

If the President or any of his new party will give me the name of any 
avowed friend of mine having been appointed to office after it was known 
I had consented that my name might be used as a candidate, other than 
some one whose opinion was changed, or expected to be changed, by 
virtue of such appointment, I will thank them for it. 

I too well know the names of some, who professed to be my friends, 
having received offices immediately preceding the election, and that they 
changed their opinions and became loyal members of the democratic party, 
whose whole oreed is comprised in the few words, " to the victors belong 
the spoiZs." 

This political simony is the very thing of which I and my friends 
complain, and if either the white people or the Indians, or both, do not 
in the end, find that they have a hard bargain of some of these " patent 
democrats," I shall be very much and agreeably disappointed. 

It is admitted in the commentary upon the deposition that a conversa- 
tion was held with me in relation to appointing Mr. Clayton upon a 
committee, but it is alleged this conversation was at another time and 
related to some other committee. 

This allegation is founded in error. The conversation was at the time, 
and related to his appointment upon the committee, mentioned in the 



HIS RELATIONS TO GENERAL JACKSON. 321 

deposition, and to no other, and the substance of that conversation is cor- 
rectly stated in the deposition. If it had been at another time, and in 
relation to another committee, why was not the other time and commit- 
tee mentioned? 

It is asked why I did not give the names of the other members of the 
committee ? The answer is so ready that i am surprised it should be 
asked ; it is, because no request was made of me as to any other members 
of the Senate, and the very reason I placed Mr. Clayton on the committee 
was, that it is in conformity with parliamentary law, to so constitute a 
committee as to give the proposed measure the fairest chance to be put in 
such a shape as that it will pass. From Mr. Clayton's talents, his liber- 
ality of sentiment, the position of his State in the Union, and his known 
influence with his political friends, I believed his course would have a 
most decided influence on the fate of the bill, and in this belief I was not 
disappointed. I very naturally concluded the President, and all others as 
attentive as he was to what was constantly passing, would form the like 
opinion. 

My wish was to give upon the committee a fair representation of every 
interest and party in the Union, under the hope that they would agree 
upon some compromise, and if they did, and the law should pass, it would 
most likely be acceptable to the nation. 

Mr. Clay was a tariff man, had introduced the bill, was from the "West, 
and was placed as chairman ; Mr. "Webster from the East, a tariff man ; 
Mr. Clayton from a Middle State, and friendly to the tariff; and these 
three were national republicans ; Mr. Calhoun from the South, a nullifier 
and anti-tariff ; Mr. Grundy from the West, a nullifier and anti-tariff like- 
wise; Mr. Dallas from a Middle State, and a tariff man, and Mr. Rives 
from a Southern State, and anti-tariff. The four first named of these gen- 
tlemen were opposed to the Administration and the three last friendly to it. 

The bill was a measure proposed by an opposition member, who in my 
judgment was entitled to be chairman, and to have a majority who would 
probable be inclined to favor his measure. 

Thus, a view is given of the whole committee, their politics and a 
summary of the reasons for their selection, and who can say it was 
wrong ? No one except some person who thinks a presiding officer, in 
party times, should be a mere party hack, who would disregard the parlia- 
mentary law, the interest of the country, and pack a committee who 
would stifle a measure lest his party might lose some influence by its 
adoption. 

The venerable ex-president thinks that all who know him will believe 
if I had stated to him what the deposition imports, he would have given 
a suitable reply, &c. 

My own opinion is, he did conduct, in the only manner which was suit- 
able, and it ought to be remembered if *he had made what he would in- 

21 



322 MEMOIR OF HUGH LAWSON WHITE. 

sinuate would have been a suitable reply, it could have received a suita- 
ble rejoinder. 

This idle vaunt is all lost upon me. There is no man who knows the 
ex-president has more confidence in his chivalry and readiness to resent 
an insult, than I have — but at the same time, the history of his life will 
show, that whenever he intends to make such a reply as might provoke 
controversy, he has always timed it so prudently, that there should be a 
sufficient number of persons present to prevent ill temper from producing 
bad consequences. There were none present but he and I ; no insult was 
either offered or intended ; but I did mean, as I hope I always shall, to 
state my sentiments precisely as they were, without stopping to consider 
whether they would be acceptable or not. 

The statement in the deposition relative to Mr. Stevenson, it is said, is 
a fabrication. This is a very simple mode of getting clear of an un- 
pleasant point. The General is mistaken, the facts occurred as detailed, 
and the gentleman who was the bearer of the message, must have strange 
and unpleasant sensations, when he reads the charge made by the gen- 
eral, that the story is a fabrication. He may make new friends by such 
charges, but by them, he must stagger the faith of old ones. Had the 
committee asked the name of the gentleman, I should have felt bound to 
have given it, and he could have been examined, but they did not, and I 
am sure the General can have no need of the name, as he must well re- 
member it, and far be it from me uselessly to drag any individual before 
the public. 

The General next proceeds to controvert the ' statements made by Mr, 
Bradley in his letter, a copy of which was attached to my deposition. 

That Mr. Bradley's statement is strictly true, I have no more doubt 
than I would have had, if I had been present and heard the conversation 
between him and the President, and I do not believe, among the whole 
circle of his numerous acquaintances, one man can be found who, in his 
heart, believes him capable of making such a statement, if.it were not 
strictly true. The General has, at least, brought nothing to counteract it, 
but the statements of his two travelling companions : and according to 
their own account of the matter the whole conversation and propositions 
might have been repeated ten times over, while Mr, Bradley and the 
President were together, and those two gentlemen not have heard one 
word of it. 

The relation in which Mr. Bradley stood to me, our known intimacy, 
the part he has acted in the legislature of 1833, at my instance, in rela- 
tion to my nomination, his detailing to several gentlemen, whose names 
are given oy him, this very conversation with the President, immediately 
after it tooh place, the support it derives from the testimony of Mr. Pey- 
rton and Col. Standifer, place the statement beyond the reach of doubt in 
;any mind desirous to ascertain truth. 



HIS RELATIONS TO GENERAL JACKSON. 323 

The fact, no doubt, is, that the General has determined that in his biog- 
raphy his character shall appear to posterity, to have been a perfect one — 
he thinks this proposition, and several other disclosures which have been 
made, will not well bear examination, when the heat of the moment 
shall have passed away, and wishes to get clear of the effects to be pro- 
duced by them : Let me assure him he will never mend the matter by his 
fiat contradictions of every man, who does not testify to suit his wishes. 
His biographer, if he be honest, in enumerating the many excellent and 
striking traits in his character, will not put it down, that in his latter 
days, he was a correct narrator of matters of fact. 

He next passes to the statement respecting Mr. Huntsman, and produces 
a number of certificates to disprove the statement made by Col. O'Brien 
and Mr. Carriger. With an enlightened public, such certificates can have 
no effect. O'Brien and Carriger are men of excellent character, could 
have no inducement to fabricate such a statement ; they positively 
assert, they did hear the President make the statement respecting Mr. 
Huntsman ; his certifiers only say, that they did not hear it. Had he 
obtained an hundred such certficates, the facts would still remain 
proved to he true. 

But on this part of the subject, the ex-president is peculiarly unfortu- 
nate ; he has taken some pains to prove that he did not reach Jonesbo- 
rough for some days after I had passed that place, and had made my 
speech, in which I should have stated, that he had said Mr. Huntsman 
was on the fence, &c. He therefore argues, that it is absurd to suppose 
I could know what he would say three days after I had made that 
speech. 

Now, the facts are, that I was in Jonesborough about the 20th July, 
1836 — dined there, and made a very short speech, in which Mr. Hunts- 
man's name was never mentioned, and which never was published. The 
President reached that place about the 22d July, and then made the state- 
ment respecting Mr. Huntsman. Some days afterwards, Col. O'Brien 
came to Knoxville, and while there, repeated to me what the President 
had said, and on the 51st August, 1836, I made a speech at Knoxville, 
which was published ; in which I stated the liberty which had been taken 
with Mr. Huntsman's name. In addressing the President, Mr. Hunts- 
man, in his letter, by mistake, says my speech was made in Jonesborough 
when he ought to have said Knoxville. As soon as Mr. Huntsman show- 
ed me his correspondence with the President, / addressed him a note, 
which was appended to my deposition. This note of mine to Mr. Hunts- 
man, no doubt was perused, when the other parts of the deposition were 
under examination, and I leave it to the public to judge, from what motive 
it has been suppressed, and a miserable quibble resorted to, which I must 
think, could not be creditable to a pettifogger. 

It must be painful to any sincere friend of the ex-president, to see the 



324 MEMOIR OF HUGH LAWSON WHITE. 

infatuation under which he seems to act, owing, no doubt, to the influ- 
ence artful and designing men have obtained, over him. In almost every 
paragraph he writes, something can be found to take from the high char- 
acter we were generally disposed to ascribe to him. Look at his state- 
ment, even now, in relation to Col. Peyton's conduct relative to the Cher- 
okee treaty. He set out in the first instance, by asserting that Col. Pey- * 
ton both spoke and voted against an appropriation to carry it into effect. 
He was told by those who knew better, and in whom he ought to have 
confided, that he was misinformed, that Col. Peyton had not only voted 
for, but had made an excellent speech in favor of the appropriation. He 
still persisted in a repetition of his assertions, and even now, after he, 
and every other intelligent man, ought to be possessed of the most au- 
thentic information, proving his error ; he persists in asserting to the 
world that although Mr. Peyton voted for the appropriation, he had made 
an argument against it. If any member of Congress has practised upon 
his credulity, and caused him to be the retailer of such a glaring mistake, 
his name ought to be known, that he might be shunned by every honor- 
able man. 

The General supposes that Mr. "Wise and Colonel Peyton, who were my 
messmates and friends, were stimulated and advised by me to pursue the 
course which they did in Congress. I do not think hard of this suspicion, 
although it is unfounded in fact, and both these gentlemen know it, yet 
we were messmates for the two last winters, and I am proud to believe I 
had their most sincere friendship. They certainly had mine. The Gene- 
ral ought, in charity to the country, to believe that there are yet some 
few men, who would not be dictated to in the discharge of their public 
duties, by either him or myself. "Wise and Peyton are two of them ; 
talented, well-informed, honest, bold, and men who fearlessly discharged 
their whole duty, in defiance of all the calumnies of degraded and hired 
presses, the frowns of those who sat in high places, and. even the state- 
ments of the Chief Magistrate himself, that they ought to be " Houston- 
ized." 

Their names will be hailed as the dauntless friends and champions of 
civil liberty, in after times, when the political course of some of their 
revilers will be spoken of, as the severest affliction with which our 
beloved country has ever been visited. To have obtained the friendship 
of such men, is one of the most prized achievements of my whole life. 
Their course relative to the investigations spoken of, was the dictate of 
their own judgment. Their country ought to thank them for it. They 
have elicited enough to show fuller investigations are necessary, that 
something is probably wrong, otherwise so many obstructions would not 
have been thrown in the way of ascertaining truth ; and when we shall 
have a Chief Magistrate who will lend his aid to a fair and faithful inves- 
tigation, I firmly believe it will be found the public has been deceived and 



HIS RELATIONS TO GENERAL JACKSON. 325 

injured to an extent of which not one citizen in one thousand lias any 
conception. 

For myself, I most solemnly declare, I have not either in the Senate, or 
elsewhere, uttered one sentence relative to the supposed abuses which I did 
not know or believe to be true ; and if after a thorough investigation, by 
an impartial, not a packed committee, it can be shown that my suspi- 
cions are unfounded — I would consider it one of my first duties, publicly 
to acknowledge my error. 

The General at the close of his address intimates that he has attained an 
advanced age, has infirm health and desires repose. Why, then, the state- 
ments before leaving Washington, that he intended to feast this summer 
upon John Bell and myself — that Tennessee should stand erect, in her 
politics, in less than six months ? 

As I believe, he has come home determined to destroy every man who 
dared to differ with him in opinon as to his successor, and that is the 
experiment he is now making. If it be his will, let him proceed. Angry 
discussion can never add to my comfort, it may to his. Our tempera- 
ment and aim are, as I believe, a little different. I endeavor to take facts 
as I know or believe them to exist, and meet all the responsibility they 
justly throw upon me. In the temper he now is, and with enfeebled 
faculties, he views everything as an enemy that stands in the road of his 
ambition. He personifies truth, justice and everything else which 
obstructs his course, and attacks them with all that gallantry, with which 
he assails political or personal opponents. He has determined he will 
die having the character of a great man. While my highest ambition is 
to die conscious that I deserve the reputation of an honest one. 

Your fellow citizen, 

Hugh L. White. 

July 12, 1837. 

Jackson, July 1st, 1887. 
Dear Sir : Upon reading Gen. Jackson's review of your testimony, I 
discovered that it seems to be considered a matter of importance in 
regard to the place where you made the speech, in which you alluded to 
the statement of O'Brien. I had not your speech before me at Washing- 
ton city, when I addressed Gen. Jackson upon that subject, consequently 
I had to depend upon recollection only as to the place. Since I came 
home I have had reference to your speech, and find it was delivered at 
Knoxville, instead of Jonesboro', as I had first supposed, when my letter 
to the General was written. This may serve to correct the mistake by 
me in this particular. 

With much respect, yours, 

A. Huntsman. 
Hon. Hu. L. White 



326 MEMOIR OF HUGH LAWSON "WHITE. 

This reply, addressed to the freemen of Tennessee, was reckoned a 
satisfactory disposal of the charges mentioned in it. We add a letter 
addressed to its author in reference to it, shortly after its puhlication : 

* * * "I hope to meet you at the opening of the special session of 
Congress; but I cannot without violence to my feelings permit the occa- 
sion to pass, without thanking you most sincerely for your masterly 
'Address to the Freemen of Tennessee.' The ex-president has at no time, 
nor by any person, been so severely handled, and so fully exposed. I 
think he will be advised not to enter the field of controversy again with 
you, hereafter. * * * You have done no more than justice to Mr. 
Clayton, in the part he took in the passage of the Compromise Bill. I 
was advised from day to day of every important proposition that was 
made in the committee, and out of it; and I say without hesitation, that 
if Mr. Clayton had not been on the committee, the Compromise Bill would 
not have passed. 

"His geographical residence gave him an influence over both the North- 
ern and the Southern members; but aside from this, there was no man, in 
or out of Congress, within my knowledge, so well calculated to conciliate 
the contending parties and interests on that great and momentous occa- 
sion, involving the fate of the nation, as was Mr. Clayton. 

" His intelligence, his pure intentions, his firmness, his urbane manners, 
his enlarged national views, and his talents, rarely equalled, qualified him 
for that occasion. All the faculties of his mind were brought into exer- 
cise ; for on the fate of the compromise depended, in his judgment, 
the fate of the Union. 

* * * " Gen. Jackson did not wish any compromise of the question. 
He had no personal objection to Mr. Clayton, as a member of the com- 
mittee, and in sending to you, he was influenced by a third person, who 
was hostile to Mr. Clayton. 

"The President wished an opportunity to subdue the disaffected in 
South Carolina, and then it was his intention to propitiate the South by 
reducing the Tariff at once. The bill gained strength from a desire to 
defeat his intentions in both particulars mentioned. 

Very sincerely and respectfully yours, 

E. Whittlesey." 



CHAPTER XV. 



CANVASS WITH MR. VAN BUREN. 



The estimate placed upon Judge White's character and services by 
his State and his country is evidenced by the movement in favor of 
his election to the Presidency ; for he did not become a candidate vol- 
untarily. 

There was a strong wish on the part of the Tennessee legislature, 
in 1833, to nominate him for that high office, but he withheld his 
assent, and took pains to discourage the movement, and even went so 
far as to leave it in charge with some of his friends in that body to 
prevent such a nomination, if attempted in his absence. After his 
name had been freely used in other parts of the country, the meeting 
of the Tennessee delegates took place in Washington city. This was 
not a movement exclusively on the part of his Tennessee friends. At 
the time, they supposed, and had a right to believe, that he could 
and would be successfully sustained, and that his Presidency would be 
the inauguration of a new era in the government. At the time they 
moved in his behalf, they had assurances of many, not to say of all 
the leading Jackson men, in every Southern State, that he would be 
supported. Some of them were a little coy, but still they were relied 
on, and encouraged the movement. 

Judge White was known to have been opposed to all the leading 
measures and policy of the whigs of the Northern States. He was 
the friend of Gen. Jackson, had supported all his leading measures, 
and it was not natural to suppose that he would detach himself from 
his fortunes. This point was fully discussed between them and his 
friends, and was an obstacle to their support ; but it was conceded by 
all that he was a safe man, without intrigue or management, and as 
his course had always been dignified and liberal towards them, they 
were resolved to overlook this objection to him, as they greatly pre- 

327 



328 MEMOIR OF HUGH LAWSON WHITE. 

ferred him to Mr. Van Buren. The main reliance, however, was upon 
the South, which, there was every reason to calculate would be united. 
A few States at the North, or even one large State there would thus 
have secured his election. That many in that section were casting 
their eyes hopefully toward Judge White as a pure and available 
candidate, may be inferred from various letters received by him 
about this period. One from Condy Raguet, has already been 
given. Below follows an extract from another, which may be con- 
sidered at its date" (whatever artificial direction may afterwards have 
been given to popular feeling), to have represented the sentiments of 
no small number of true and honest men. 



Dorchester, Apr. 27, 1884. 
"Will you permit me to add, sir, that your opinions and sentiments in 
reference to the topics of these pamphlets [sent with the letter] will be 
received with great respect by all who are interested in them ; and that a 
personal visit to Massachusetts by you, would afford the highest gratification 
to some of her citizens. There are some, if not many, who are seeking 
for an individual on whom to bestow their suffrages, whose moral and 
political character will furnish a guaranty of the perpetuation of what 
still remains of the patrimony of liberty, and who will firmly resist those 
intrigues and blandishments which have sometimes seduced those we 
had confided in, from the paths of Constitutional Republicanism. 

With great respect, &c, 

Samuel Whitcomb, Jb. 



Of Judsre White's answer to this letter — an answer containing no 
reference to the suggestions just given, but discussing some remarks . 
on Labor, Capital and Society in a former portion of it— we give a por- 
.tion, valuable for clear views and strong good sense. 



* * * "We need but one distinction in our society, and that ought 
never to be lost sight of. It is the distinction between vice and virtue. 
If a man's occupation is lawful, useful to himself and his fellow-men, hon- 
estly and diligently followed, he ought to be esteemed respectable ; every 
one ought to be pleased with his prosperity ; and the road to trust and 
honor ought always be open to him. "We know, however, in fact, that 
those who own capital are always seeking profitable investments for it ; 
that the owners have acted, and will act in concert, and that by doing 
so, they have more actual influence in directing all the operations of gov- 



CANVASS WITH MR. VAN BUKEN. 329 

eminent, than ten, nay, twenty times their number, without spare capital, 
and compelled to pursue some honest and useful occupation for a living. 
This is not just, but I know of no corrective for the evil so likely to be 
effectual as by all means to enable and encourage this latter class to bet- 
ter their condition, and increase their information, as to the political 
concerns of the country. 

In our government there is a thirst for office that is alarming. If this 
originated in a wish to be useful to the country generally, or in the wish 
to gratify personal pride by occupying places of distinction, it might be 
well ; but there is reason to fear that in too many instances it has its 
origin in a wish to make the operations of the government subservient to 
the pecuniary interest of those in public life, their friends and connec- 
tions. If this latter be the motive, a mere reduction of salary would not 
correct the evil, because an unworthy occupant will always make suffi- 
cient individual gain, by sacrificing whatever public property or interest 
may be committed to his charge. 

Everything which tends to the dissemination of useful information 
among that class of individuals who have to labor for a living, and to 
make it convenient for them to act in concert, when their peculiar inter- 
ests are likely to be assailed or sacrificed, would in my opinion be an im- 
provement in the condition of our society ; and in no instance ought any 
man to be placed in office who is not honest, capable and habitually at- 
tentive to his business. 

Sound morals, as well as sound politics, and permanent truth, are most 
eminently in point at the present day. 



Judo-e White sicrnified his willingness to be nominated for the 
Presidency on the 20th December, 1834. The Tennessee delegation 
in Congress had requested his decision in the following letter : — 



Washington, Dec. 29, 1834. 

Dear Sir : — You cannot be unapprised that for some time past your 
name has been frequently mentioned as a desirable person to succeed the 
present Chief Magistrate of the United States. 

Being your colleagues in Congress since the commencement of the 
present session, we have been repeatedly asked what were the sentiments 
of our own State upon that subject, and more frequently, what were 
your own wishes, and what would likely to be your course, should public 
opinion seem to require the use of your name as a candidate, and fears 
are often expressed that you would not give your consent. 

Upon this latter point we are at some loss what answer to give. 

It is our wish not to deceive ourselves, or to be the means of deceiving 



330 MEMOIR OF HUGH LAWSON WHITE. 

others. "We will therefore esteem it a favor if you will put us in posses- 
sion of your wishes and determinations. 

Very respectfully, sir, 

We are your oot. servts. 

Wm. M. Inge, 

Balie Peyton, 

James Standefee, 

John Blaie, 

W. 0. Dunlap, 

Saml. Bunch, 

Jno. Bell, 

David Crockett, 

John B. Foekestee, 

Luke Lea, 

David "W. Dickenson. 

Judge White's answer was this, dated next day : 

Gentlemen: — Your note dated yesterday was handed me a few 
minutes since. 

I am aware that for some time past my name has been occasionally 
mentioned in our own State and elsewhere, for the office you mention. 
I had never supposed it would be so far acceptable to the public, as to 
render an application to me necessary to ascertain my wishes or deter- 
mination. 

Not having taken any pains to ascertain public opinion upon that sub- 
ject, I am, perhaps, less acquainted with the sentiments even of our own 
State than any of my colleagues. As to my own wishes and determina- 
tion, I can have no difficulty in giving you an answer. 

I am not conscious that at any moment of my life, I have ever wished 
to be President of the United States. I have never knowingly uttered 
a sentence, or done an act, for the purpose of inducing any person to 
think of me for that distinguished station. When the duties and respon- 
sibilities of the office are considered, in my opinion it is an object more 
to be avoided than desired. I shall certainly never seek it while I have 
so little confidence in my own capacity to discharge the duties of it, as I 
now have. 

Those for whose benefit it was created, have a right to fill it with any 
citizen they may prefer, provided he is eligible by the Constitution; and 
the person who would refuse to accept such an office, if offered by the 
people of the United States, ought to have a much stronger hold upon 
public opinion, than I can ever hope to possess. 

My most anxious wish is, that in any use you may think proper to make 
of my name, you may lose sight of every consideration except the public 



CANVASS WITII MR. VAN BUREN. 331 

interest. I have not had any agency in causing it to he used, and I do 
not feel that I would be justified in directing the use of it to be discon- 
tinued. I can, however, with truth say, that if those political friends 
who have used it thus far, shall have reason to believe that a further use of 
it will be an injury, instead of a benefit to the country, and may choose to 
withdraw it, they will have my hearty concurrence. 

I am, most respectfully, 

Your obedient servant, 

Hit. L. "White. 

This permission having been given, Judge White was formally 
nominated for the Presidency of the United States by the Legislature 
of Tennessee, on the 16th and 17th of October, 1835, by the adoption 
of the following preamble and resolutions : 

"Whereas, the people of the State of Tennessee in 1822, in 1825, and 
again in 1827, animated by a sincere determination to support those car- 
dinal doctrines and principles which had distinguished the true republi- 
can party from the commencement of the federal government, up to 
that period, and also to correct and reform those practices which appeared 
to be erroneous, and to constitute abuses in the policy and adminstration 
of the government, brought forward General Andrew Jackson, our 
present distinguished Chief Magistrate, as a person qualified by his prin- 
ciples, energy, and great popularity, to effect these objects. And whereas, 
among the most important of these objects were : 1st. To secure to the 
people the exercise of the right of suffrage in the election of the Presi- 
dent of the United States, independent of the influence and dictation of 
caucus nominations. 2d. To resist the establishment of the practice of 
electing the President of the United States according to any plan of regu- 
lar succession among the great functionaries of the government. 3d. The 
limitation and control of executive patronage within such safe and expe- 
dient bounds as to secure the freedom and purity of the elective fran- 
chise against all undue official influences. And whereas, we are firmly 
persuaded that the principles upon which General Jackson was origin- 
ally nominated and supported for the Presidency, by the people of the 
State of Tennessee, have lost nothing of their truth or importance by 
the lapse of time, and change of circumstances, we feel impelled by a 
proper regard for consistency, now, when again called upon to reconsider 
them in reference to the choice of a successor, or to re-affirm them by 
a renewed and solemn declaration. 

In the organization and proceedings of the late Baltimore Convention 
we perceive the same violation of the spirit of the Constitution, the same 
tendency to a usurpation of the rights and powers of the people in the 



332 MEMOIK OF HUGH LAWSON "WHITE. 

election of President, the same spirit of intrigue, the same liability in the 
members to be corrupted and influenced in their course by the promise 
and expectation of office, "which we saw in the organization and proceed- 
ings of the Congressional caucus in 1823, and then condemned in the 
most public and solemn manner. 

And whereas, no individual has been presented to the consideration of 
the American people as a candidate for the next Presidency, whose 
character and political opinions afford the same guarantee for the main- 
tenance of those principles which brought General Jackson into office, 
and for carrying out the principal measures of his administration, and 
which so well accord with the political sentiments of the people of Ten- 
nessee, as set forth in this preamble, as our fellow citizen, Hugh Lawson 
"White — therefore, 

Resolved, That Hugh Lawson White be recommended to the people 
of the United States as a man eminently qualified to fill the office of 
President. 

Resolved, That we approve generally of the principles and policy, both 
foreign and domestic, of the administration of the federal government 
during the term of service of our present distinguished Chief Magistrate, 
General Andrew Jackson. 

Epheaim H. Foster, 
Speaker of the House of Representatives. 

Jonathan Webster, 
Speaker of the Senate. 

Adopted in the House on the \§th, and concurred in by the Senate on 
the 11th of October, 1835. 

These proceedings were communicated to Judge White in the 
following letter, dated Nashville, Oct. 22, 183? : 

To the Hon. Hugh L. White : 

Sir : The undersigned have been appointed a joint committee of both 
houses of the General Assembly, to inform you that the people of the 
State of Tennessee have by their representatives nominated you to their 
fellow-citizens of the United States, for the office of Chief Magistrate. 

This duty, we conceive, will be best discharged by communicating to 
you the preamble and resolutions adopted by both houses of the General 
Assembly. From them you will learn the principles on which the nomi- 
nation was made. These, as also the attending circumstances, we take 
leave to say, appear to us no less honorable to the people of the State 
than to yourself. By this act, they have shown a discrimination and 
devotion to principle, worthy the imitation of posterity. 

We avail ourselves of this occasion to tender to you the assurances of 



Committee on 
• the part of the 
House. 



CANVASS WITH MR. TAN" BUEEN". 333 

our esteem and veneration for your character, and our ardent wishes for 
your personal happiness. 

Wm. Ledbetter, I Committee on 
Robt. H. Hynds, > the part of the 
Terry H. Cabal. J Senate. 

Addison A. Anderson", 
Wm. MoClain, 
Granville D. Searoy, 
Lion Rogers, 
G. "W. Church-well, 
Harvey M. Watterson, 
¥a. B. Campbell, 
J. A. Mabry, 
Charles Ready, 
Robertson Topp. 



To this communication Judge White responded in the following 
dignified letter, dated Nashville, Oct. 23, 1835 : 

Gentlemen: I have the honor to acknowledge the receipt of your 
communication under date of yesterday, inclosing a copy of a preamble 
and resolutions of the General Assembly of the State of Tennesee, recom- 
mending me as a suitable person to succeed the present Chief Magistrate 
of the United States. 

To receive evidence at any time that the representatives of the people 
of my own State continue to repose confidence in me would be highly 
gratifying ; but at this particular time, and after such multiplied efforts 
have been unceasingly made from various quarters to destroy my reputa- 
tion, to receive such testimony of increased confidence is matter calcu- 
lated to call forth my most profound acknowledgments. 

Some of those who are members of the present General Assembly, and 
who were members of the same body two years ago, can bear testimony 
to the fact that I earnestly endeavored to prevent my name from being 
submitted to the American people for the highest office within their gift, 
but my efforts have been unavailing. A state of things has been pro- 
duced which induces a portion of my political friends to believe the 
interest of the country would be promoted by the use of my name as a 
candidate, and when applied to on various occasions, I have given my 
consent, and I now take this opportunity to state that this consent will 
not be withdrawn. 

In common with a large majority of the citizens of Tennessee, 1 was an 
humble advocate of the principles set forth in the preamble to your 

21 



334 MEMOIR OF HUGH LAWSON WHITE. 

resolutions. Time and increased experience have tended to confirm me 
in the opinion that on the maintenance of these principles the liberties 
of the people of the United States essentially depend. 

From the formation of the Federal Constitution, up to this time, there 
have been parties in the United States. "Where they are separated upon 
principle the members of each may honestly believe the permanent wel- 
fare of the country depends upon having the government administered 
upon the principles which they advocate, and may honocably use every 
fair effort to elevate their own party, and put down their opponents. 
But when an attempt is made to create a party not founded upon any 
settled political principles, composed of men belonging to every political 
sect, having no common bond of unity save that of a wish to place one of 
themselves in the highest office known to the Constitution, for the pur- 
pose of having all the honors, offices, and emoluments of the government 
distributed by him among his followers, I consider such an association, 
whether composed of many or of few, a mere faction, which ought to be 
resisted by every man who loves his country, and wishes to perpetuate 
its liberty. 

To conciliate the favor, or procure the support, of any man or set of 
men, belonging to any party, I have not cbanged, nor agreed to change, 
any one political principle I ever avowed. Those upon which I have 
heretofore practised shall continue to be my guide in whatever situation 
I may be placed, so long as I believe them to be correct; disdaining, as 
I hope I ever shall, an attempt to win my way to power upon one set of 
principles, and then to practice upon another. 

Through you I beg leave to tender to the General Assembly my un- 
feigned and heartfelt thanks for this additional evidence of their continued 
and unbroken confidence, and for yourselves be pleased to accept the 
assurance that I am, with sentiments of the highest respect, 

Your most obedt. servt., 

Hu. L. White. 

The President, upon finding that he had been foiled in his efforts 
to influence Judge White to become a candidate on the Van Buren 
ticket for Vice-President, or to accept a seat on the Supreme bench, 
now began to use the patronage of the government to seduce from. 
Judge White's interest some of the leading men in the Southern 
States. The plea urged by them for withdrawing from Judge White's 
support was, that, by running more than one man, the great repub- 
lican party would be divided, and that unless Judge White obtained 
the nomination of the Baltimore Convention, they could not sustain 
him. Had General Jackson's election depended upon a caucus nomi- 
nation, he would never have been President ; but he entertained 



CANVASS WITH MR. TAN BUREN. 335 

different views at that time ; and when first presented by the people 
of Tennessee and Pennsylvania did not prohibit the use of his name, 
althouo-h there were no less than three other candidates in the field, 
besides himself; Mr. Clay, Mr. Crawford, and Mr. Adams. 

General Jackson having decided upon his course, his confidential 
friends, the Editor of the Globe, and Major Donelson, his private secre- 
tary, circulated a statement that the contest in this canvass would 
really be between him and Judge White. The Van Buren papers 
spoke confidently of Judge White's defeat even in Tennessee. This 
prediction, as they affirmed, was based upon General Jacksoirs pre- 
ference for Mr. Van Buren. Neither Judge White nor his friends 
gave any attention to these movements ; and General Jackson, in the 
confidence of his power over the minds of the people of Tennessee, 
took occasion fully to define his position through a letter to the Rev. 
Samuel Gwinn, in which he advocated the Baltimore Convention. It 
was then said in Washington (alluding to this letter), that a document 
had been sent to Tennessee, which would settle the matter there. 

This Convention — which assembled at Baltimore on the 20th May 
— had been gotten up for the express purpose of nominating Mr. Van 
Buren, who very naturally received its unanimous vote. The three 
States of Alabama, Illinois, and South Carolina, were not represented 
in the Convention. As the President had recommended this Con- 
vention to his Tennessee friends, a failure on their part to appoint 
delegates, created such a universal regret in that assembly, as to 
induce a Mr. Rucker, a gentleman from Tennessee then accidentally 
present, and invited to act as delegate, to cast fifteen votes for the 
State, and thereby to secure Col. R. M. Johnson's nomination for the 
Vice-Presidency. To show the invalidity of this vote, it is only neces- 
sary to insert Mr. Rucker's own letter to the Editors of the Nashville 
Union, explanatory of his conduct on this occasion. 

You will discover my name introduced into the proceedings of the 
Baltimore Convention. To prevent all misunderstanding, I make the 
following statement: I was not delegated to act in that convention. I 
happened in Baltimore at the time of its sitting, and after the delegates 
from the different States had their credentials examined by the committee 
appointed for that purpose, there appeared to be no one present repre- 
senting Tennessee. This circumstance seemed to be deeply regretted by 
many, and upon its being mentioned that I was there, and a Tennessean, 
it was suggested by some that I might vote, which I accordingly did. 

E. Ruckek. 



336 



MEMOIR OF HUGH LAWSON WHITE. 



This latitudinarian proceeding gave rise to the phrase "Ruckerize," 
which was then and afterwards used to describe that and other simi- 
lar contrivances. 

It was supposed that the decision of the Baltimore Convention, and 
the Gwinn letter, would have the effect of causing Judo-e White's 
friends to make the issue between him and Gen. Jackson, which was 
so desirable to the friends of Mr. Van Buren. Charges of cowardice, 
and want of chivalry, in not assailing the President at once, with 
various taunts and epithets of abuse, such as " disorganizers, intriguers, 
anti-republicans," were heaped upon that portion of the community 
which could not perceive the justice, or acknowledge the truth of the 
accusation that Judge White had lost his claim to the names of a 
good republican and a virtuous citizen, by consenting to become a 
candidate for the Presidency. It now seemed that all their efforts 
were about to prove abortive. The Gwinn letter had failed — the 
hoped-for issue had not been secured — and other means must be 
resorted to — the work must be accomjrtished. 

The public mails were soon flooded with " Globes " and extras, con- 
taining most virulent attacks upon Judge White, with specific charges, 
of " bargain, intrigue and corruption," between Judge White and Mr. 
Bell, and Judge White and the opposition. These papers bore the 
President's frank. The dishonorable course of the Administra- 
tion, in this franking privilege, became necessarily subject to the ani- 
madversions of the public press. Even then, Judge White's friends 
were willing to believe, and to avow their belief, that Gen. Jackson's 
confidence had been abused and his name used in this illegal way 
by designing men. Investigation proved this supposition to be cor- 
rect, to some extent. However, when suspicion settled upon Major 
Donelson, the President's private secretary, Gen. J. wrote a second 
Gwinn letter, asserting that he had never franked any packages for 
Major Donelson, without a perfect knowledge of their contents, and 
contending, that the packages contained public documents, though it 
was notorious and has been fully proven that they were those malicious 
assaults upon Judge White, which have just been mentioned. 

These things transpired a little before the State elections; and one 
object evidently was, to influence those elections in such a manner, as 
to secure a legislature, subject to the will of the party in power — and 
who would relieve it of Judge White's opposition in the Senate, by 
passing resolutions instructing him to vote for Mr. Benton's expunging 
resolutions. To insure success in this experiment, the copies of the 



CANVASS WITH MR. VAN BUKEN. 337 

Globe, containing Col. Benton's speech on these resolutions, were 
franked by the President to many members of the legislature, and 
letters were written by him to Mr. Brown, and A. 0. P. Nicholson, 
complaining that " Judge White had not only failed to take part in 
his defence, but had moved to strike out the word ' expunge,' and all 
the reasons on which Mr. Benton's motion rested." 

In his course on this subject, Judge White was sustained by many . 
distinguished members of the Jackson party, viz., King of Ala., King 
of Ga., Cuthbert, Buchanan, McKeever, Tipton and Hendricks. What 
was a virtue in them was a crime in him. JJis political enemies were 
not yet fully aware of the materials of which the Tennessee legisla- 
ture was composed, and their great desire to expel Judge White only 
made his friends more resolved to sustain him. They had elected him 
a few months before, with a full knowledge of this objection, and could 
not be induced to instruct him to act differently. So, instead of hold- 
ing his seat by the President's endorsement, he unexpectedly held it 
in defiance of his protest. 

Col. E. H. Foster, writing to Judge White, date Nashville, Feb. 26, 
1836, gives the following graphic account of the struggle in the leg- 
islature of Tennessee, to manoeuvre through the instructions to vote 
for expunging, and the resolutions to withdraw Judge White's nomi- 
nation : 



In other matters, a very large majority of that legislature who 
elected you, sir, with one voice, have proudly distinguished this noble 
State before the whole American Eepublic. They have withstood alike 
the persuasions and the threats of the strongest arm in the nation, and 
that mighty arm laid bare and unblushingly held up to the gaze of all. 
that nothing of its overwhelming effects on popular love and veneration 
might be lost — that arm, hitherto and perhaps still invincible, was laid 
upon you and your friends. Thank God, here we have thus far with- 
stood its withering, destructive, paralyzing force, and we stand proudly 
erect after the storm has spent its violence and wasted its strength. How 
happy I am in the reflection I leave your own patriotic feelings to paint. 
* * * The "expunging resolutions" had been suffered to sleep in quiet 
for the space of near a five-month. Meanwhile, as you have no doubt 
heard, no means were left untried to gain friends indoors and without. 
The people were invoked, and Gen. Jackson's reputation, like Cassar's 
pierced and bloody mantle, was held up before them. Public meetings 
were called, and private memorials circulated. They sought to seduce 
the ignorant by misrepresentation, and to allure others by promises and 

22 



338 MEMOIR OF HUGH LAWSON WHITE. 

flatteries. Gen, Jackson, as you may have seen, did not think it out of 
the way to address himself personally, and by strong appeals, to many 
members of the legislature, and among them to some who must have 
been designated by some shrewd friend at "Washington (the Speaker of 
the House, we suppose here), for they had never had the honor to see or 
be seen by the President, and were surprised — not flattered off by the dis- 
tinction. "Well, the session was fast drawing to a close, and the Van 
Buren leaders (not bad tacticians, I assure you), determined on an effort. 
Friday, the 12th instant, they [the expunging resolutions, Ed."\ were 
called for, and notwithstanding many of your friends, anxious for the 
fight, voted with the enemy to bring them up, the call failed. Not to be 
out-done, or disappointed in all hopes of making something by a discussion 
that might bring your name into angry collision with the President's, they 
then called for Col. Johnson's " Te laudamus " resolutions. The call suc- 
ceeded, and the forgotten and long-neglected paper, almost covered with 
dust and cobweb, was dragged to light. The question was on the 
amendment in lieu of the whole, offered by Mr. Whiteside, when the paper 
came from the Senate last October. Mr. Ridley obtained the floor, and 
moved to amend Mr. Whiteside's amendment, by engrafting on it most 
of the servile matter contained in the original resolutions. Mr. Martin, 
of Madison, inquired if a motion to amend the original would take pre- 
cedence of a motion to amend the amendment ? Being answered from 
the chair in the affirmative, he proposed an additional resolution approv- 
ing " both generally and specially," the President's proclamation against 
South Carolina mdlification ; " not " as he observes, " that he approved of 
the reasoning or Jie doctrine contained in that paper, either in whole or 
in part ; for he had made, and still made open-day war against the instru- 
ment, its logic and its conclusions, and his arm would never be grounded ; 
but he felt a desire to try the stomachs of some of his over-righteous, 
(vhole-hog Jackson friends, and as the occasion fitted so well, he could 
not forego the pleasure, or the malice, as gentlemen might choose to call 
it, of making the experiment." If a whizzing little bomb had fallen on the 
floor, it would not have produced more amazement in certain quarters, 
than this villainous amendment did. Mr. Humphreys, Mr. Overton, and Mr. 
Allen, of Perry, all " good men and true " to the cause of Mr. Van Buren, 
sprang on the nullifler. It seemed as if they really intended to devour 
him. I est a longing eye towards Martin, for I felt for him. One glance 
convinced me that I might save my compassion. There he sat, like a 
huge bull-dog, casting a calm and indifferent eye, now on this side and 
now on that, at the whole pack that bayed him, conscious no doubt of 
his own strength, and knowing that he could crush them whenever they 
ventured too far. On the question, the amendment was ordered by a large 
vote, Mr. Humphreys and Mr. Allen voting with the minority, and doubt- 
less cursing the artificer and the artifice that forced them to so unmannerly 



CANVASS WITH MR. VAN BUEEN. 339 

an exposure. Not contented with this experiment, but resolved to try their 
" faith" by the most horrible and at the same time indisputable test, Martin 
again reached the floor, and moved an amendment, that the President's 
course, in attempting by his influence to secure the election of a successor 
of his own choice, by his franks and his letters, so far as any member had 
knowledge of such letters and franks, met the hearty approbation of the 
General Assembly. This, indeed, was the " unkindest cut of all." Old 
Job himself, patience personified, could not stand it longer. But neces- 
sity is the mother of invention ; and the Van Buren men, thus chased 
and caught in their own toils, immediately took shelter under the " expung- 
ing resolutions." Col. Guild moved a substitute in lieu of Mr. Martin's 
amendment. It was a new and improved edition of the " expunging reso- 
lutions," just from Washington, dispatched by Col. Benton, as was pub- 
licly charged in debate and not denied ; and defined " expunging " to 
consist in drawing black lines around and making notes across, and not 
in blotting out or erasing an offensive entry. And then by a war of 
ingenuities, a debate not anticipated originated in the Ilouse. It pre- 
sented, I assure you, an animated scene. The lobby was soon thronged 
to overflowing, and many went away who could not crowd in. In jus- 
tice to all, I must say, the discussion was ably, adroitly and at times 
eloquently conducted, on both sides. It continued Friday, Friday night, 
Saturday all day, and until 12 at night, and despite all my exertions, was 
received at times with loud applause in the lobby and on the floor. As 
you will readily imagine, yourself and Mr. Van Buren both got some 
hard knocks, and among hands the " old hero " himself now and then 
received an unlucky blow, only, however, when the stiv.ke was aimed at 
Mr. Van Buren ensconced behind his mighty buckler. As I told you, the 
House continued the debate until 12 o'clock, and then adjourned without 
taking the question. On Monday, and perhaps the next or a succeeding 
day, several ineffectual attempts were made to bring up the subject. On 
Saturday morning last, and when but few anticipated the movement, Mr. 
Topp, the talented, eloquent and spirited member from Shelby, having 
being deprived of an opportunity to address the House when the debate 
was in progress before, and resolved not to be cut off" from delivering his 
sentiments, rose in his place, and offered a preamble and resolutions highly 
complimentary to you, and approving your course on Mr. Benton's 
expunging resolutions. He followed up his motion by one of the most 
pungent, forcible, and interesting speeches I have yet heard. He cut all 
round with a two-edged sword, and being about to close, mentioned that 
it was not his intention at that late period to lay the resolutions before 
the House — that he had simply introduced them to enable him to give 
his honest sentiments against the odious proposition to expunge, and that 
he would now withdraw them as he had a right to do by the rules. * * * 
And thus the u expunging "and the "laudatory" resolutions descend for the 



340 MEMOIR OF HUGH LAWSON WHITE. 

present to the " tomb of the Capulets ;" the former, I trust in God, never to 
rise again, nor the latter, while they come to us in strains of adulation 
more suited to the attributes of his Maker than of man. 



Judge White's correspondence at and about this period bears suffi- J 
cient testimony to the equanimity with which he bore the assaults 
and manoeuvres of his enemies, although a proper regard for his own 
character and for the friends who were upholding him rendered it a 
right, that he should now be interested in his own success, and at 
least do whatever was necessary to a proper appreciation and acknow- 
ledgment of their endeavors. These letters show likewise that he 
was well aware of the corrupt means used by his opponents, who 
descended even to the unlawful examination of private mailed letters. 

A personal friend writes to him, to Washington, from home, date 
January 7, 1836 : 

I have this moment had a conversation with Mr. James Jackson, who 
is directly from Nashville, and who says that the members of our Legis- 
lature have very lately received communications from the President, 
urging them to adopt the resolution instructing you to vote for Benton's 
expunging resolution, and very abusive of yourself. 

Believing it the duty of a friend to advise you of such proceedings, 
I do so, and in addition that you may not be deceived, I here state to you 
that Andrew Jackson's frank is very frequent on papers abusive of your- 
self and Col Bell, sent to this office. I think (though you did not as 
early as myself make the discovery) you will be satisfied that he is not 
the man we at one time took him to be. 

At one time I was a very clever fellow, and so were you and Bell ; 
but we have become great scoundrels in the estimation of the tyrant who 
wields the executive department (indeed all) of the government. 

A short statement made by Judge White in the Senate, June 28, 
1836, furnishes a summary of the , various underhanded engineerings 
to which his opponents were stooping : 

At the last session, the member from Missouri (I doubt not from a 
conviction of the correctness ot the procedure) submitted his proposition 
to expunge. The Chief Magistrate had made up his mind who should be 
his successor, and had determined to use all his personal influence and offi- 
cial patronage to secure his election. Whilst there was a majority of the 



CANVASS WITH ME. VAN BUEEN. 341 

Senate opposed to him, this patronage could not be brought to operate 
with full effect. Upon discussing the expunging resolution, the opinions 
of every senator were expressed. The times of some were then expiring 
— the very day of voting. The venerable Chief Magistrate at once saw 
the use which could be made of this instrument, and he has given it his 
full influence ever since, under the hope that, through its use, the Senate 
could be expurgated, members whom he deemed unworthy of the station 
excluded, and their places supplied by others, in his opinion, more worthy. 
He seized the weapon, and has wielded it with all the effect he could. 
The cry " expunge " was raised, and has been continued. 

I shall speak of what I know, and what I believe to be true. The time 
of one of the senators in my own State had expired. Members of the 
legislature and to the House of Representatives were to be elected in 
August. The Chief Magistrate interfered, through the agency of others, 
in the elections to be made by the people, and in the election to be made 
by the legislature. 

Does any one who hears me doubt this statement ? He need not. 
The following facts will show, incontestably, that he interfered in the 
election to be made by the people : 

1st. His two letters addressed to the Rev. Mr. Gwin, which all who 
look into newspapers must have read. They were intended for, publica- 
tion, and were actually published. 

2d. Besides the number of copies of the Globe itself, hundreds of which 
he has sent to Tennessee under his frank, he franked many copies of the 
prospectus for the extra Globe, which contains very little except misre- 
presentations and insinuations utterly unfounded and untrue. There can 
be no pretence that this was sent because it contained any speech, or any 
public document. There is no such thing in it. I hold one that he sent 
to Tennessee, frank and all, in my hand, just as received by the gentleman 
to whom it was addressed ; and many others were scattered through the 
country under his frank. 

3d. He wrote a letter to Mr. Curry, which was used in Col. Standifer's 
district, Avith a view to influence public opinion. 

4th. He wrote a letter to my colleague, a copy of which was furnished 
to Mr. Johnson, who used it in his canvass upon the stump with a view to 
aid his election ; and it must have been intended for such use when writ- 
ten, otherwise we must suppose my colleague abused the confidence of 
the Chief Magistrate, in permitting his letter to be applied to a purpose 
not intended by the writer. 

These few facts, independent of many others which might be stated, 
satisfy me that he did interfere, and use his influence with the people to 
regulate their opinions in the elections. 

Secondly. He interfered with the legislature. 

1. On the next day after they assembled, under his frank, each member 



342 MEMOIR OF HUGH LAWSON WHITE. 

received three numbers of the extra Globe, amounting to three hundred. 
Here is one of them, frank and all. Some of these Globes contain matter 
of the lowest kind, intended, no doubt, to disgust the members with their 
former senator, and to prevent his re-election. 

2. He wrote a letter to Mr. Nicholson, one of the members, which we 
have seen published in the newspaper, in which he complains of the for- 
mer senator for not defending him on the expunging resolution at the 
last session, and justifying the use made of his franking privileges. 

3. He wrote a similar letter to Mr. Brown, another member, a copy of 
which I now hold in my hand. 

4. He wrote to Mr. Guild, one of the leading members, a letter con- 
taining an argument to prove the propriety of instructing the senators to 
vote for expunging the resolution of March, 1834, and urging the propri- 
ety of giving such instructions, and authorized Mr Guild to submit it to 
the perusal of other members ; which he did ; and 

5. From this place was sent to this same Mr. Guild a copy of the form 
of expunging, which the senators were to be instructed to use ; and this 
form corresponds, as I have understood, with that used in the resolution 
proposed at this session by the senator from Missouri. 

All these facts prove that the first object was to defeat the re-election 
of a senator, who, at the last session, had shown he would not conform 
his conduct to the will of the Chief Magistrate ; and, when that failed, to 
cause such instructions to be given as it was known that that senator 
could not obey, and thereby force him to resign. Both these objects 
failed. The senator was re-elected, and the legislature would not give 
any instructions. 

Mr. President, I have not stated these facts by way of complaint against 
the executive. I perhaps am, least of all others, competent to judge 
whether such a course was in conformity with his station or his peculiar 
situation ; but I state them that justice may be done to the independence 
of the legislature, and to their determination not to be persuaded or 
forced from what they thought the path of duty. Their course is the more 
commendable, when it is remembered they sat within a few miles of his 
residence ; w r ere surrounded by his personal friends ; and that they them- 
selves can furnish from their own body many of his earliest, firmest, and 
most undeviating political and personal friends. Let it be remembered, 
also, that they then were, and now are, the firm and unflinching sup- 
porters of his Administration, upon every point where his measures con- 
form to the principles avowed to bring him into power. Yet they would 
not, and did not, give their senators any instructions upon this question. 
They were willing to trust them without instructions upon this as well 
as other points ; and on this account it is that I feel myself under higher 
obligations to endeavor to carry out the will of my State upon this subject, 
than I should have been if formally instructed. 



canvass wrra mk. van btjren. 343 

Writing to Hon. Geo. W. Churchwell, date Washington, January 
3, 1836, he says : 



My Dear Sir: I ought to, as I do, sincerely thank you for your two 
letters. They are the only ones received from any member since I reached 
"Washington. Your last letter had evidently been opened and very 
clumsily closed again. 

Every effort has been making here to influence public opinion. B. was 
beaten for no other reason than because he would not go against me. It 
was urged by the faithful, that by the election of Polk, the vote of Ten- 
nessee would be changed. The course of Alabama, it is now said, will be 
followed by the legislature of Tennessee, and that in a very short time my 
name will be dropped everywhere. 

I have never had a word from Mr. Clay, but understand from others 
that he says without hesitation, that he will not be a candidate. Web- 
ster, it would seem, having lost the nomination in Pennsylvania and 
Maryland, will either be dropped soon, or if his name is continued, it 
will be thought to be done to benefit Mr. Van Buren. 

I have not heard that Mr. Webster himself has said one word on the 
subject. Gen. Harrison, from every indication, will continue a candi- 
date, and my friends do not believe my prospects are to be materially 
changed by it. 

Everything which can be done to my injury, within their power, is 
done by Grundy and Johnson, from my own State, and probably by 
Polk, also. 

By the faithful, it is confidently supposed, that you will pass the reso- 
lutions, ordering us to expunge. 

Those who can be seduced by hopes of power and benefits are opera- 
ted on in that way; others are denounced in the coarsest terms. 

As to myself, I await my fate with the most perfect indifference on 
my own account. For others, I have much feeling ; but for nothing so 
much as the reputation of my State. She now has the proudest name in 
the Union, and upon her firmness in this crisis, her future fame essen- 
tially depends. 

Her citizens, in primary assemblies first, and her legislature afterwards, 
have brought my name before the world. Torrents of unmerited abuse 
have been poured on my devoted head, for not prohibiting them from 
doing so, and if now it is withdrawn by the mandate or management of 
any earthly power, then, indeed, will I admit I knew nothing of the 
character of the people among whom I have been raised. 

I wish the expunging resolutions were disposed of, if they are to pass, 
the public interest would require I should know it in time to apprise the 
legislature of my course before they adjourn. "Write me frequently ; even 



344 MEMOIR OF HUGH LAWSON WHITE. 

if our letters are read, it makes no difference, provided they would even 
then forward them. 

What will he the fate of any nomination before the Senate, I know not. 
My course must he an individual one, as I am not in the confidence of 
any party. I shall, so far as my vote will go, carry out the great princi- 
ple of checking executive patronage, being employed to influence the right 

of suffrage. 

"With the most sincere esteem and regard, 

Your obedient servant, 

Hu. L. White. 
Hon. George W. Chtjrohwell. 

And again, a little later: 

Senate Chamber, February 23, 1836. 

My Dear Sir: Your favor under date of the 8th instant, was 
received, apparently safe, on yesterday. We have had, almost constantly, 
a state of very high excitement in Congress, and have, as yet, done but 
little, except talk. 

The Globe has become more and more abusive. It is now plainly seen 
that I will neither be coaxed, nor driven from the position, in which I 
have been placed by my political friends. The only alternative, there- 
fore, is to destroy me if possible. I am charged with insincerity, 
duplicity, falsehood, suppressing the truth &c, without stint. In addi- 
tion, it is obvious the whole power and patronage of the executive is 
brought to bear. For all this, I care not. My leading friends here, stand 
firm, and fearlessly do their duty. How many of them may do so else- 
where, time alone will show. 

I shall calmly, coolly, and without faltering, as well as I am able, dis- 
charge what I think the duty assigned me, without stopping to consider 
whether it will elevate or depress me in public opinion. 

The policy is to whistle off as many of my friends as possible, and to 
sacrifice the rest. 

When the contest is over, even if left a private citizen, I would not 
exchange either feelings or character, with the venerable Chief Magis- 
trate. I intend to act, as far as God may enable me, upon the princi- 
ples which I have ever avowed, which I believe are sound and correct. 
I will, therefore, have my own approbation : whereas, my old friend is in 
open disregard of the leading measures he professed to entertain when 
he sought power, and is saying, and countenancing others in saying, 
things against me, which he has the strongest reasons to believe are 
unjust and unfounded. 

Our French war is happily ended. Should the instructing, expunging 
resolutions have passed, I shall leave for home as soon as I can make the 
necessary preparations. 



CANVASS WITH MR. VAN BUREN. 345 

If permitted to remain here, I have no doubt we shall have the names 

of some of Our Flying Squad, in Tennessee before the Senate for their 

pay. My health continues very good. 

Most sincerely and truly, 

Hu. L. White. 
Hon. G. W. Chtjrohweix. 



Washington, June \%ih, 1836. 

My Dear Sir : I thank you most sincerely for your letter enclosed to 
Mr. Lea, and which he handed me on yesterday. 

I see no reason to conclude that anything which has occurred hero 
during the session can have the effect of doing us harm; on the contrary 
I think we may well flatter ourselves that progress has been made in 
giving to the people some useful information. 

Everything in the power of the executive to do for the purpose of 
injuring me has been done, and I doubt not the same course will be 
continued. 

In conformity with my own judgment, as well as what I believed the 
wishes of my constituents I have in every instance sustained the execu- 
tive, excepting only in such measures as I believed inconsistent with the 
great principles for which we all struggled when the present President 
came into power. 

Strange as it may seem, I have no doubt the truth is, the President is 
exceedingly anxious that it should be known that his successor will have 
been elected by his means and influence ; and I am perfectly convinced 
he intends to put down every man who dares to throw any obstacles in 
his way. 

That the timid and calculating will yield to his wishes is according to 
the common course of things ; as to myself I am content to await the 
result without anxiety. I will never yield to the dictation of any one 
man living, but will willingly abide the expressed will of a majority, be 
that what it may. That the patronage of the government has been used, 
is now being used, and will continue to be used to influence public opinion, 
I firmly believe. After the 4th March, 1837, the opinion and influence of 
General Jackson will be regulated entirely by the manner in which hi9 
whole public conduct shall be estimated by the community at large. 

I venture one prediction, and that is that if he ever after that 
period should need friends he will find very few among those he is now 
serving most zealously. 

Why shoidd we try to prove our letters were broken ? Who cares ? 
Those who are profited by such villainy will only be the better pleased. 
All we can do in such cases is to state the truth as it is, whenever and 
wherever we please, and let others believe or disbelieve us as best suits 
them. 



346 MEMOIR OF HUGH LAWSON WHITE. 

You must expect and so you will find the truth to be, that you -will 
have the opposition and enmity of all those who believe you are, or will 
be, in their way ; and you will have better luck than I, if you do not 
find those most bitter whom you have treated best. 

Patience and good temper under injustice is always the best policy. 
"When people lie, live them down by exemplary conduct. 

Your letter at the close of the session was received and answered. As 
you did not receive the answer some one else received the benefit of it. 

If ill usage could disgust any one with the world I ought to be dis- 
gusted : but I am not. When those who ought to treat me well, ill use 
me, I am more than compensated by the friendship and support of those 
who are under no obligation to me. 

Most sinoerely and truly, yours, 

Hu. L. "White. 
Geoegk W. Chukohwell, Esq. 

A speech made by Judge White at a dinner given him by his 
constituents at Knoxville, in August of the same year, contains a clear 
exposition of the principles upon which he was and had been acting, 
of the gross violation and desertion of them by the party who were 
now seeking Mr. Van Buren's election, and of the methods and motives 
by which the opposition to himself was conducted by the Adminis- 
tration. The sentiment introducing him was the following : 

Our distinguished guest and neighbor the Hon. Hugh Lawson White. — 
His public career has been no less conspicuous for its consistency, inde- 
pendence, and usefulness, than his private life for its propriety, purity, 
and uprightness. Malevolence and persecution cannot prostrate him. 
Tennessee will sustain him firmly and fearlessly against the slanders of 
malice and the magic of the most influential name. 

After the loud and reiterated bursts of applause with which this 
sentiment was received, had subsided, Judge White rose and said : 

Gentlemen : The sentiment just given, and the feelings with which it 
has been received, encourage me to do something more than make my 
acknowledgments for your undeviating support, and continued confi- 
dence. 

After an absence of almost nine months, seven of which were devoted 
to my duties in Congress, upon my return home, to find my neighbors, 
the people of my own county, ready to greet me as a friend, and to 
declare in the face of the world, that my character as a private citizen 
does not deserve reproach, and that my conduct as a public man meets 



CANVASS WITH MR. VAN BITREN. 347 

their approbation, is a source of the highest gratification. More especially 
■when I reflect how incessantly I have been assailed, and with how much 
industry the vilest slanders have been circulated, under the sanction of 
names, some of which I know are, and long have been, very dear to you 
as well as to the great majority of my fellow-citizens. 

For eleven years I have, in part, represented Tennessee in the Senate 
of the United States. Until the two last, my services, bumble as they 
■were, appeared to be acceptable to the great body of the people. Any 
complaints against me were made, comparatively, by a few, and they 
were of those decidedly opposed to the present Chief Magistrate and his 
Administration. 

Now the matter has changed, and I have been violently assailed by 
some of those with whom I have formerly acted, and several of those who 
were my bitter opponents on account of my attachment to the Chief 
Magistrate, have become his zealous friends, while they still continue 
their hostility to me. Having resided in the State from my boyhood, 
and having, from the time I attained the years of discretion, been busy 
among the people in some capacity or other, I believed a large and over- 
whelming majority of our fellow-citizens were decidedly Jeffersonian 
Republicans, and belonging to that school of politicians myself, when 
honored with a seat in the Senate, I flattered myself that on all important 
questions, when I honestly carried out, in practice, my own political 
opinions, I would also faithfully represent the opinions of my constituents. 
I have neither solicited nor desired the berth, and could not have been 
induced to accept it, if a sacrifice of any of my principles had been 
required. At one period, domestic afflictions visited me in such rapid 
succession, and with such weight, that I had made up my mind to with- 
draw, and let my place be supplied by some one, whose mind would not 
be doomed to brood so much over his own misfortunes ; but abandoned 
the idea at the earnest solicitation of some, whom I, childishly, then 
thought my friends, and who are now under the hypocritical pretence of 
continued friendship, my most deadly enemies. 

In the great struggle to bring the present Chief Magistrate into office, 
it became necessary that his friends should proclaim and enforce, by all 
the arguments they could advance, their political principles ; and what 
were they? 

1st. All useless expenditures of the public moneys should be discon- 
tinued. 

2d. All offices should be filled by men who were honest, capable, faithful 
to the Constitution, and of business habits. 

3d. That neither Congress nor any department of the federal govern- 
ment had any power, except that which was expressly granted by the 
Constitution, or was necessary and proper to carry into effect some power 
which was expressly granted. 



348 MEMOIR OF HUGH LAWSON WHITE. 

4th. That the Executive power should he so limited and regulated by 
law, that neither the President nor any officer appointed by, or dependent 
upon him, could use his influence or power to control or guide public 
opinion in elections. 

5th. That the Constitution should be so amended as to secure to the 
people the right of choosing the Chief Magistrate themselves. That the 
same person should not be elected for a second term, and that offices 
should not be filled with members of Congress. 

6. That all surplus moneys which might accumulate in the treasury, 
beyond the reasonable wants of the federal government, should be 
divided among the States by some fair ratio, to the end that the people, 
to whom it rightfully belonged, might have the benefit of it for internal 
improvements, education, &c. 

7th. That all caucuses or combinations of men, whose object it was to 
create or control public opinion in the election of President and Vice- 
President should be discountenanced and put down. 

These were the great and leading principles for which we, in common 
with others, contended. The public voice sanctioned them by the elec- 
tion of the Chief Magistrate in 1828. In his inaugural address in 1829, 
and in his subsequent addresses, he has avowed and proclaimed several of 
them. 

They are the very doctrines on which I have practised from that day 
to this, so far as my humble capacity enabled me ; and I now challenge 
my persecutors to put their fingers on the cases in which I have departed 
from them. 

How then has it happened, that for the last eighteen months, or two 
years, my humble name has, in a certain set of newspapers, and among 
a certain clan of politicians, been constantly coupled with some degrad- 
ing charge ? 

Upon this subject, I can, perhaps, give you some facts not heretofore 
generally known, and this I shall do, not for the purpose of injuring any 
one, but for the sake of making a just defence of myself. 

The General Assembly of this State sat in Nashville in the fall of 1833. 
At the commencement of its session, as is my habit, I was there. "While 
there, the news reached us that the deposits of the public moneys had 
been removed by the order of the President, from the bank of the United 
States. I immediately foresaw that this would produce a violent effort 
in Congress to put down the Administration. I ascertained that there 
was a wish among the members, before the session closed, to present my 
humble name to the people of the United States, as a suitable person to 
succeed the present Chief Magistrate. To every member with whom I 
conversed, and to every other person who addressed me on the subject, I 
used all the arguments in my power to prevent them from doing so ; and 
with some that I Gould take most liberty with, when coming away, left 



CANVASS WITH MR. VAN BUREN. 349 

it in charge, that should a nomination be attempted in my absence to 
have it prevented. 

At the close of the session one of those gentlemen wrote me, that he 
■was censured as unfriendly, for not concurring in the plan of a nomina- 
tion. I immediately answered his letter, assuring him he had not only 
acted in conformity with my wishes, but in accordance with my request 
— and that so sure was I that such a nomination would have weakened 
the President in Congress, that if it had been made, I would have held 
myself bound to withhold my assent. 

In the spring of 1834, I received communications from different quar- 
ters upon the same subject, proposing that if it met my approbation, there 
would be meetings of the people to nominate me. To this course I gave 
no encouragement. During that year the President visited Tennessee, 
our convention was in session, and after their rise, I was informed, that 
some of the members had wished to nominate me, but had abandoned the 
attempt after they had ascertained it would incur his displeasure. On 
his journey to "Washington, he conversed freely with some of my friends, 
and remonstrated against any attempt to nominate me as President — 
said that there must be a national convention, that Mr. Van Buren ought 
to be-nominated as President, I, as Vice President, and when his eight 
years were expired I was young enough then to he taken up as President. 
All this was communicated to me, and the only answer that I could 
make was, that either office was beyond my merits, but that I could not 
enter into any arrangement, which would operate as a lure to induce any 
person to vote for myself, or for any other person contrary to his judg- 
ment. Thus the matter stood when the session of Congress commenced 
in December 1834. During that winter, many county meetings were 
held, at which my name was brought before the public, as well as by 
the legislature of Alabama. 

Under a full belief that a system was about being put in operation, 
which would destroy the freedom of election, which was intended to 
transfer all federal power into certain hands, who, by the like process, 
would transfer it into the hands of others at their pleasure, and that the 
effect of this would be to give the operations of the government such a 
direction as would favor the interests of one class of citizens, at an entire 
sacrifice of the interests of all others, I consented that my political friends 
might use my name, or not, as they believed would most promote the 
public interest. 

In this I might have erred ; but if I did it was an honest error. 

After giving this consent, and before the Baltimore Convention, I was 
repeatedly forewarned what I might expect if my name was not with- 
drawn. These threats carried no terrors to me. Whatever of character 
I have, was given to me by my country, and whenever it becomes neces- 
sary to risk the whole of it, in defence of those principles which I think 



350 MEMOIR OF HUGH LAWSON WHITE. 

essential to the preservation of liberty, I willingly stake it all. I feel 
that I was not intended to be the slave of any man or set of men — that 
I have some mind, and that the author of my existence intended that I 
should exercise it — that I should form opinions as to politics and reli- 
gion, and freely and fearlessly act upon them, without being intimidated 
by what either man or devils can do. Could I have hesitated for one 
moment in my course, I would have fancied that I heard myself addressed 
from the tombs in yonder church-yard (pointing to the place where his 
father and mother are buried), in language like this : my son, remember 
that the same principles are now involved, which were proclaimed in July, 
1776. That to maintain them, I risked my life, and everything dear to 
man — that after struggling through a seven years' war, with my compa- 
triots in arms, we succeeded in the establishment of a free government 
— under it I lived happy, prosperous, and died without leaving a spot 
upon my name — that good name, and that free government, I left my 
children as an invaluable inheritance ; and is it possible that, for the lack 
of moral courage, you will deprive yourself and your children of those 
blessings for which I toiled so long, and risked so much? If I still 
doubted, a voice still more endearing, if that be possible, would salute 
my ears in accents like these : can you for an instant forget the lessons 
taught by your mother ? — remember you have not only your father's 
name in charge, but that you have also that of my family. Do you not 
recollect how I used to encourage you, and your brother to discharge 
your duty, as my only sentinels to watch and warn me when the tories 
would approach our dwelling for plunder, in your father's absence in the 
tented field ? That I would then inform you, that my family were 
among the first to hoist the pole of liberty in the South, and among the 
most firm and fearless in defending it ! And will you, who have not a 
drop of any but whig blood in your veins, hesitate as to the course you 
ought to pursue ? To these questions I could give but one answer — Fear 
not for me. The same good name you have transmitted, and the same 
rich inheritance, shall be left unstained, and transmitted unimpaired to 
your grand children. 

But to proceed — the Baltimore Convention met, and in due form nomi- 
nated a candidate for the Presidency and Vice-Presidency, against whom 
no man has heard me say one word. They have accepted the nomina- 
tions, and I have no doubt, in doing so, acted on those principles which 
they think it right to maintain. As to myself, I solemnly declare that 
with the knowledge I have of the manner in which that convention was 
brought about, the object it was intended to accomplish, and the conse- 
quences expected to flow from it, had I been nominated by it for either 
office, such nomination would have been almost the only contingency 
upon which I would have prohibited the use of my name. 

Let me not be misunderstood — I am very far from intimating it as my 



CANT ASS WITH MR. VAN BUKEN. 35 1 

opinion, that the whole of that assemblage, or a majority of them were 
either dishonest, or dishonorable men. Many of them are strangers to 
me, and I hope were governed by worthy motives, and I doubt not 
believed great good would result from their labors. I, on the contrary 
think nothing but evil can result from a nomination by a. set of men col- 
lected under the auspices of the executive, with a view to nominate an 
individual designated by him. 

Notwithstanding this nomination, my name has been permitted to 
remain where it was before placed, and the threatened vengeance lias 
been pouring out upon my devoted head ever since. " Tray, Blanche, 
and Sweetheart, little dogs and all," have been let loose upon me. I have 
heeded them not. It has been my aim to bear any and every tiling. I 
have uniformly conformed my public conduct to my avoioed principles, 
and what I believed the politics of my State. So far as the Administra- 
tion has acted on the principles which brought the Chief Magistrate into 
power, I have been, as I think, a uniform and steady, though very 
humble, supporter. If on any point he has changed his principles, it i6 
unreasonable to expect me to change with him, unless I can be furnished 
with sufficient reasons for such change. 

Humble as my pretensions are represented to be, we all now see and 
know, that my venerable friend, the Chief Magistrate himself, in his 
own proper person, has openly, and in the view of the sovereign people 
themselves, undertaken to control and regulate public opinion. This is a 
trouble which I am very sorry he had to take on my account. His acts are 
to live after him. He occupies the most dignified station upon earth. If 
any man living did more towards elevating him to that station than I 
did, it was because he had more influence. He has the efficient control 
of the whole fund of the nation — the disposal of our invaluable public 
domain — the appointment of all officers at home and abroad — the power 
to remove tens of thousands of officers, who have no means to procure 
subsistence for a day if he chooses to remove them ; they must do as ho 
directs, or be turned loose to starve. All this power I zealously strove to 
give him, and I did so under a thorough conviction that he would only 
use it in accordance with the spirit of the Constitution. That lie would 
follow the wise example of Washington, of Jefferson, of Madison, and 
Monroe. That so far from openly interfering in the election of his suc- 
cessor, or encouraging any executive officer to do so, he would sternly pro- 
hibit it in others, and think it a high political and moral duty in himself 
to be perfectly " neutral," and lest he should disclose his preference would 
" avoid conversing on the subject with his most intimate friends." In this 
I have been disappointed. I have been apprised that for twelve months 
past he has neither been sparing nor backward in his censures of me. 
It gave me no uneasiness — I was willing to bear it all without com- 
plaint. My only wish was that he might so conduct as to take nothing 



352 MEMOIR OF HUGH LAWSON ■WHITE. 

from the high character which in common with others, I had for years 
endeavored to give him. Not content with this lie conies to our own 
State, among my own constituents, those in whose employ I now am, 
took a circuitous route through East Tennessee, so as to be in many 
villages, and is still on his tour through West Tennessee into North 
Alabama, openly denouncing me as a "red hot Federalist" having aban- 
doned his Administration, and being as far from him as the poles are 
asunder, &c. Now with great deference to the opinion of that highly 
esteemed and venerable man I must be allowed to say he is entirely mis- 
taken. I am not now and never was a Federalist, in any sense of that 
term recognized by or known to the American people. I am now and 
ever have been, a Republican of Mr. Jefferson's school, so far as I have 
been able to comprehend the doctrines taught by him. The true way to 
test this matter is for each of us to put down the articles of his political 
creed, and see in what we disagree. I have given you mine ; you and 
the American people, who have taken the trouble to read what I have 
said, or to notice my recorded votes, know that I have practised on my 
professions. It is not with me to say whether the Chief Magistrate has 
practised on his or not. If we now disagree in anything, I aver that I 
agree with the Republican creed, and that he will be found on that side 
which leads directly to monarchy, although I hope he does not so intend it. 
It is undoubtedly true that upon one point he and I are antipodes, as 
far apart as the poles are from each other. He thinks it an important 
point of his Administration before his time expires, to select his suc- 
cessor, and through the medium of a Convention, got up under his own 
auspices, to have the person thus selected, recommended as a suitable can- 
didate, to use all his influence and patronage to procure the election of the 
person thus recommended, and he denounces every man as a Federalist, 
and as opposed to his Administration, who will not vote for and support 
such person. 

I disagree with this whole doctrine, and insist, it is no part of his duty 
to select his successor, to have him recommended by a convention, or to 
use his influence or patronage to induce or coerce persons to vote for him. 
This is obviously the point of disagreement, and I willingly leave to the 
present generation, and to those who are to succeed us, to say which of 
us holds the Republican side. 

Suppose Mr. Adams to be now President, and his term about to expire, 
and he had designated Mr. Clay as his successor, and was using all his 
patronage to induce persons to vote for him, and was actually travelling 
through Massachusetts and elsewhere, haranguing the people and denounc- 
ing General Jackson as a red-hot federalist, because he would not with- 
draw his name and vote for Mr. Clay. What would be said by our 
venerable friend in such case ? 

With a view to bring this doctrine home to the comprehension of every 



CANVASS WITH ME. VAN BUREN. 353 

man ; suppose there were now a proposition to amend the Constitution 
and make it the duty of every President before his term expired to select 
the man in his judgment best qualified to succeed him — to have a conven- 
tion called to recommend such person, and then to use all his patronage 
and influence to have him elected. Is there any one man in America so 
stupid as not to see, it would be taking from the people all choice, all 
power in electing their Chief Magistrate, and vesting it in the hands of 
one man ? If such an amendment were to prevail, so far as the election 
of President was concerned, Ave would have to all intents and purposes a 
Monarchy. "Well ; if we can be prevailed on to think this practice ought 
to be pursued, without such an amendment, practically the government 
is a monarchy, because the people will have given up their right of choice 
and transferred it to one man. It is not me alone that is denounced, but 
every friend I have in Congress from the State. They are taken up one 
by one by name and denounced by the President as federalists, and 
opponents of his Administration. In what have they opposed his Ad- 
ministration? Did they vote against his three millions session before 
last? Did they vote against expunging the journals? Not they. Not 
one of them. Yet they are opposed to his Administration, because they 
will not vote for the person he has selected as his successor. It is true as 
to one of them, Mr. Huntsman, when the President was asked how he 
was, he said he did not know, he was hanging on the fence, and it was 
doubtfid which side he would fall. 

In justice to that gentleman I must be permitted to state, if there be any 
sincerity in man, he is as much on the Tennessee side of the fence, as any 
of his colleagues. I have thought it right on this occasion to bring this 
point plainly and distinctly to your view that you might every one see 
the reason why I and my friends are denounced as Federalists, opposed 
to the Administration and the antipodes of our esteemed and venerable 
Chief Magistrate. 

The real offence which I have committed is not the abandonment of 
my principles, but that I would not abandon them. Not because I 
became the tool of the opposition : but because I would not unite with 
an old and valued friend in doing that, under evil and mischievous advi- 
sers, which before God I believe, would rob the people of that freedom 
for which our fathers " perilled their lives, their fortune and their sacred 
honor," and bring reproach upon our memory when we are numbered 
with the dead. 

I have no controversy with the Chief Magistrate. I aspire to nothing 
which he wants. If there is any controversy it is between my country- 
men, who solicited the use of ray name, and him. They have solicited 
me to let my name be used as his successor, and I have consented. This 
is my whole offence. If there be anything wrong in it, who is the cause 
of it ? It is not I who am to be put down and disgraced in this contro- 

28 



354 MEMOIR OF HUGH LAW SON WHITE. 

vcrsy, if Tennessee is either coaxed or coerced to surrender her choice. 
It is the people, who have placed me in the position I now occupy. The 
Saviour of the World, when upon earth, found among the small number 
of his disciples, one Judas, who not only sold, hut hetrayed him for his 
thirty pieces of silver. It were vain for one of my humble attainments, 
who has nothing to offer but his best efforts to promote the public wel- 
fare, to hope that all who professed to be his friends would continue to 
act up to that character. Already have I found more than one Judas, 
who by parting with their interest in me have received or expect to 
receive more than twice their thirty pieces. I doubt not there may be 
more who will yet do so ; but if it is the will of Providence that the use 
of my name shall be of service to my fellow-men, it will be so ordered 
that in place of such hollow-hearted and false friends, I shall receive the 
aid and support of many honest men, who will desire nothing but that 
the government may be preserved in its purity : and if there lives the 
man, who can induce a majority of the people of Tennessee to abandon 
their own principles, and sacrifice an individual, whose name they had 
placed before the public to gratify his wishes, then will I admit that I 
never understood the character of the people among whom I have lived 
for almost fifty-two years. 

My enemies have made a mistake. They imagine that as I have deter- 
mined not to advocate my own pretensions for the most dignified station 
upon earth, that they may charge me with what misconduct they please, 
in my present station as senator, and that I must remain silent, or lay 
myself liable to the charge of indecency in electioneering. I cannot and 
will not act on any such false delicacy. If I am unjustly accused — if I am 
charged with entertaining principles, which do not belong to me, and 
these charges are made to my own constituents, by a person of the 
highest standing, it is due to you, it is due to the country and it is just to 
myself, that I rot only repel the charges, but disclose the motives of those 
who make them. 

My political friends who have placed my name before the public, are 
Jeffersonian Jackson Republicans, professing and practising now, the same 
creed they professed in 1828. Our motto is " not words out deeds" We 
determine to prove our "faith in our creed by our practices." If for this 
we are to be denominated " new-born Whigs," we are content. Instead 
of being placed in the company of aliens and strangers we will still be in 
the embraces and arms of our long-cherished principles. " Names are 
nothing," said our venerable Chief Magistrate, in his letter to Mr. Monroe. 
Dress a tory in the garment of a whig and he will be a tory still. As 
well might we expect to conceal the wolf by putting on the covering of the 
lamb, as to suppose that we conceal the conspirator who seeks to deprive 
the people of their right of suffrage, by throwing over him the name of 
a " good old Jeffersonian democratic republican." 



CANVASS WITH MK. VAN BUREN. 355 

All political power is vested originally, in the great body of the people. 
It all resides there yet, except such portions of it, as they Jaave vested in 
their different agents, to be used for their benefit. They have reserved 
to themselves the right freely to choose the two highest officers, known 
to the Constitution, in that mode pointed out by it. 

This right is the sure rock, upon which the whole superstructure rests. 
Upon it I have planted myself—" The rains of slander may descend, the 
floods of calumny may come, the winds, the storms, and the tempests of 
denunciation may beat upon me," but there will I remain unmoved, until 
some political earthquake shall shiver both it and me to atoms. 

In conclusion, permit me to add, that as to our venerable and esteemed 
Chief Magistrate, if in anything I have said there is the appearance of 
unkindness, or want of respect, it was certainly not intended. lie has 
assailed me openly for my conduct, while in your employ. One of the 
first laws of our nature is self-defence. I obey that law as a freeman, 
whose rights and reputation are dear to him. We disagree in opinion on 
a most important subject. At our age, and every circumstance consid- 
ered, it becomes us both to disagree, in opinion, in good temper. In 
times past he has had his troubles, and in them, he never was without a 
friend to justify or excuse his conduct when I was present. He has 
decreed that we shall separate, or I surrender that freedom for which my 
father fought. The first is the only alternative for a man determined to 
preserve his self-respect. He and I are poorly employed, if we lose our 
temper about human governments. In the course of nature they must 
soon cease to have any operation upon either of us. "We must soon 
appear before a tribunal where the Judge himself will be the only wit- 
ness. He cannot be misled as to our acts or our motives ; and my prayer 
is, that instead of applying the rules of strict justice to either, our erroi-3, 
vices and infirmities may find forgiveness in his mercy. 

If thanks from the fullness of a grateful heart would avail you any- 
thing for your unshaken confidence and steady support under every 
change and vicissitude of life, I would pour them out as long as my 
strength would permit ; but I feel that I have detained you already too 
long. I offer you the following sentiment, in which I know you will 
cheerfully unite. 

Practices, not professions :— The Republicans of Tennessee are now what they were in 1823, 
Jacksonians, following the creed of that Apostle of Liberty, Thomas Jefferson. Should this 
entitle them to a " New-born " name, they care not; provided they are left in the full enjoy- 
ment of their inalienable right of suffrage. They would rather have even a lad name with 
good principles, than bad principles concealed under a good name. 

The President now determined to make the issue boldly and pub- 
licly between Judge White and himself; and for that purpose, when 
Congress rose in 1836, he made a second visit to Tennessee. As he 



356 MEMOIK OF HUGH LAWSON WHITE. 

passed through East Tennessee, he appeared in the character of an 
open electioneerer. His conversations at Blountville, Jonesboro', 
Greenville, and Newport proved that the object of this tour was to 
aid Mr. Van Buren. Judge White was denounced by him as a 
federalist ; and Mr. Van Buren was eulogized as one of the purest 
democrats that ever lived. He remarked to Mr. Sewell of Lebanon, 
that no one could be his friend, who was Judge White's ; that they 
were as far apart as the East from the West. The same remark in 
substance he made in the presence of Mr. Gillespie of Nashville, a 
strong Jackson and Van Buren man. But he ascertained, that as his 
former interference, through the agency of others, could effect no 
change in favor of his candidate, so neither could his presence now. 
The freemen of Tennessee claimed the right of thinking and acting 
for themselves, and by their independent course, did more honor to 
their State than any other could have secured. 

The result of this contest is known to all. Judge White lost the 
election, but received the handsome majority of 10,000 votes in his 
own State, notwithstanding the whole power of the press, the patron- 
age of the government, and the personal popularity of General Jackson 
were used to prevent it. The vote in the Hermitage district was 
forty-three for White, eighteen for Van Buren. Besides Judge White 
and Mr. Van Buren, there were three other candidates in the field ; 
Mr. Webster, Mr. Mangum, and General Harrison. The last men- 
tioned was the third person presented, and his introduction into the 
canvass was supposed to have been a movement on the part of Mr. Clay. 
To this opinion Judge White subscribed, and avowed it to his constitu- 
ents in a speech at Knoxville, 1st August, 1838. This speech fol- 
lows. It is another proof of the inflexible honesty with which the 
speaker clung to his principles, and of the easy versatility with which 
his opponents held or dropped them, as the case might demand. 

Fellow Citizens : I accept your invitation, not so much to partake of 
your hospitality, as to thank you, in great sincerity, for your continued 
confidence and support. You have been to me an impenetrable shield 
against calumniators and enemies. 

After an absence of twelve months, with but little intermission, I am 
again among my constituents. 

Thanks to a kind Providence, and to my enemies, I am in good health, 
ready and willing to converse with you, on all that has passed, and is 
likely to happen. 

My political enemies sought to destroy me ; they fancied it an easy task ; 



CANVASS WITH MR. VAN BT7REN. 357 

more of life was left than they or I supposed ; their unjust attacks 
revived energies which I myself helieved were extinct, and to all appear- 
ances they have renewed my life's lease for some ten or twenty years. 

I am not only here, but in good health ; and although the two last ses- 
sions of Congress were among the most laborious I have ever served, I 
have no want of health to plead, for any deficiency you may find in the 
performance of my official duties. 

I am grateful to Providence, and proud before you, in the belief that 
I have not been that simple automaton which, by the official organ, I was 
represented to be, capable only of saying yea or nay to the different ques- 
tions presented to the Senate for decision. 

The labors of Congress, both at the called and regular sessions, have 
been arduous ; and although but few laws of a general nature have been 
passed, yet it has not been from inattention to the great interests of the 
country. There was a continued struggle between the executive and 
Congress ; the first wishing to obtain an unlimited discretionary power 
and control over the moneys belonging to the public ; the latter anxiously 
endeavoring so to provide as to have them safely kept and secured, in 
such manner as to make them applicable at all times, to the wants of the 
public. To the opposition in the House of Representatives, the credit is 
due, of preventing the moneyed power from being, in due form, added to 
the other powers of the executive. 

Shortly after I entered your service in the Senate, the great controversy 
commenced, which ended in ousting the then incumbent, and placing the 
late Chief Magistrate in the executive chair. The principles for which 
you and I contended, and which we successfully maintained, ought never 
be forgotten, and cannot be too often recurred to. 

We contended that the powers of the executive were too great, and 
ought to be reduced, and limited by law. 

That the expenditures of the government were extravagant, and ought 
to be reduced. 

That it was a crime in the President, or any officer under him, to use 
his official station to influence the people in elections. 

That all moneys which came into the treasury, beyond those which 
were necessary to defray the economical expenses of the government, 
ought to be returned to the people, who were the true and legitimate 
owners. 

And we solemnly pledged ourselves in the face of the civilized world, 
that if we could obtain place and power, retrenchment and reform should 
be the order of the day. That the Augean stable should be thoroughly 
swept out and cleansed. 

Emblematic of" what we intended to accomplish, we chose for our motto 
the broom, not one of the common material, but the Hickory broom. 

Hickory, when young, is of all descriptions of wood the most tovgh, 



358 MEMOIR OF HUGH LAWSON WHITE. 

strong, and durable, but -when old and worm-eaten, the most brittle 
and worthless. 

Confiding in the sincerity of onr professions, the sovereign people, 
through the ballot box, placed our political friends in power, and after a 
most solemn and formal renewal of our pledges, we commenced our 
operations, and for the first four years I believed we were making some 
headway. "We had checked internal improvements within the States, by 
mere federal power, by vetoing the Maysville Eoad Bill, the Rockville 
Eoad Bill, and by vetoing a bill to re-charter the Bank of the United 
States ; but when the second four years of our terms commenced, then 
commenced also a controversy upon the question, who should succeed the 
then Chief Magistrate. 

For one, I kept on, endeavoring to accomplish the task we had under- 
taken, but the more we swept the dirtier the stable became, and eventu- 
ally we found our oroom would not perform its office ; the political moths 
and worms had got into it, and had eaten the splits so badly, that the 
moment we attempted to sweep, they broke off", and finally, when the 
second four years ended, and we come to look into the Augean stable, we 
found it ten times as full of litter and filth as it was when we commenced 
our operations. 

In the Senate we made an effort to pass, and did actually pass, a bill 
to limit the power of the executive in removals from office. This bill 
was precisely similar to one reported by a committee of which I was a 
member, while Mr. Adams was in office. So far as I know, it was then 
approved by the whole political party to which I belonged ; I therefore 
gave it all the support in my power, and made in favor of it, what I 
thought the best speech I had ever made in Congress. But alas ! when 
we came to take the vote, had it not been for Col. Benton, who with 
difficulty voted for it, of all my old Democratic friends, I would have 
been found " solitary and alone " in its support. 

For this vote and this speech, I have never been forgiven by these in 
power. I was excommunicated ; that which was sound democracy when 
Mr. Adams was in power, was, in their opinion, rank federalism in the 
days of his successor. 

They did right to excommunicate me. It was a mistake to suppose I 
ever belonged to such a set of changelings. I had been in earnest in my 
professions, and wished to carry them out in practice. You know what 
sort of a democrat I am. I claim to be a republican of the Jefferson 
school, such an one as my God and my education have made me. 
Modern democrats are a different sect entirely. They are made at any 
time the federal executive needs them. He makes a modern democrat 
out of an old federalist, or any other worse material. You and I both 
know some, that not many years since were made out of anti-war federal- 
ists, so rank, that during the late war the young men had thoughts of 



CANVASS WITH MR. VAN BUEEN. 359 

soaking them in the tanvats, on account of their tory sentiments. The 
process is a very simple one; the President has a political jar ready filled 
with a yellow metal, and by rubbing well the candidate for democracy, 
with this metal, his views and principles are entirely changed, and he 
immediately becomes a fit communicant of this modern church. Away 
with such democrats; they cannot, and will not long deceive the people. 
Ere long it will be found by all, that while this sect have democracy on 
their lips, at heart they are tyrants and despots. 

For what did you and I toil and labor to displace Mr. Adams ? It was 
that we might bring back the practice of the government to sound Jeffer- 
sonian principles ; to an economical expenditure of the public money. 

Before the second term of his successor had expired, some of my politi- 
cal friends believed my humble name ought to be presented to the peo- 
ple as a candidate for the high station he filled. Some in this assem- 
blage well know I remonstrated against this use of my name, and fore- 
told that with my limited capacity and humble pretensions, no hope of 
success ought to be entertained. They thought differently; I did not, 
and would not yield my assent until informed that the federal executive 
had threatened that if I did permit the use of my name, I should be 
rendered odious to society. This threat answered a purpose that the per- 
suasion of friends could not. Despotic power never has governed and 
never shall govern me. My name was given to the public, and should 
have been, if the act had lost me the good opinion of every political 
friend I had upon earth, and I might almost add if it had even endan- 
gered the good opinion of my wife and children. The result is known to 
us all. The Administration did its worst. Its thousand presses were 
opened upon me and my friends, and here I am, in better health, and I 
think entitled to more character than when they commenced upon me. 
Still, let no man scorn the power of the press. To withstand its influence 
is a perilous effort. I have made the experiment, and now assure you, 
that I should feel less risk in to-morrow shouldering my musket and 
knapsack, and marching to the swamps of Florida for a six months' cam- 
paign against the Seminoles, than in encountering such incessant dis- 
charges of calumny and slander from all the presses which an American 
executive has the power to bring into action. 

In this conflict you, the freemen of Tennessee, were my shield. The 
poisoned arrows of my enemies have fallen harmless at my feet. I have 
sustained no injury, and your firmness has given a brilliancy to the star 
which glitters over the name of Tennessee, of which we may all be proud. 

For one, I am quite satisfied with the result. Let none suppose I am 
either disappointed or mortified. Still more, all may be assured, that 
with my consent my name will never again be used for any office what- 
ever. If I ever had any aspirations for high office, time lias put an end 
to them. I am not so old yet, as to have the childish belief, that my 



360 MEMOIK OF HUGH LAWSON WHITE. 

vigor of body and mind are to last always. In all the stations I have yet 
occupied I have been enabled so to acquit myself, as never to mortify my 
friends. Humble as my pretensions are, I have sometimes been placed 
in high office, as the associate of some, who have had much character 
among men ; many of you were witnesses of the manner in which our 
official duties were discharged, and I am proud in the belief that my 
reputation has never suffered by any comparison. My hope and prayer 
is, that I may have discretion enough to surrender even my present sta- 
tion, before I am so enfeebled, either in body or mind, as to make it 
necessary for the interest of Tennessee to hiss me from the stage. 

The late executive, then, has had his will carried into effect by the vote 
of the American people. They have listened to his statements " that the 
whole value of his Administration would be lost, unless Mr. Van Buren 
was elected to carry out his unfinished measures." The appointee of the 
late President has been elected to " finish his unfinished business." 

My friends, is he not getting through it with a rapidity which you did 
not anticipate ? From the height of prosperity, in about six months from 
the day of his inauguration, the country was brought to a state of unex- 
ampled embarrassment. Should he keep on in his ill-advised course, 
he will have performed his allotted task, long before the lapse of his four 
years. The great interests of the country will be all sacrificed, and by an 
addition of the moneyed power of the government, in an organized form, 
to the powers already possessed by the federal executive, the liberty of 
the people will be near its termination. 

Do not deceive yourselves by thinking that the executive project for 
uniting the purse with the sword, is to be abandoned. 

No such thing. It will be renewed, again and again, so long as the 
most distant hope of success continues. The present executive knows 
full well he has no distinctive character of his own. That he must con- 
form to the will and wish of those who placed him in his present high 
station. He knows the means by which he acquired it, and must act out 
his part. 

Kemember that the miserable lizard can reach the pinnacle of the same I 
spire on which the eagle proudly perches himself; but the process by f 
which he reaches it, is very different. The latter trusting to his 
native strength and his own good wings, fearlessly soars aloft, and 
proudly perches himself on the summit, in view of all beholders. While 
the other, degraded reptile, stealthily and cautiously creeps up, clinging 
to, and ascending, that side of the column which will but screen him 
from observation until he reaches the pinnacle, and then slily peeps over, 
ready to shrink back when he finds himself discovered. 

'Do you ask what then is to be done, when a political lizard has taken ■ 
'possession of the station which ought alone to be occupied by the eagle ? / i. 
My answer is ready. Through the ballot-boxes, keep steadily switching 



/ 



CANVASS WITH MK. VAN BUREN". 36 1 

him, until he descends to that level which it is the interest of mankind 
he should occupy. 

It is useless to deny the fact, it is undeniably true, that notwithstand- 
ing all the promises, professions, and pledges of the late Administration, 
the executive branch of the government has become a piece of mere 
party machinery, operating in all elections, both State and federal. Some 
few years since, on the centenary birth-day of General Washington, it was 
beautifully said, by one of our most distinguished men, " that whenever 
our government became a party machine, the liberty of the country 
could not be preserved ; that the government could, by law, protect men 
against murder, but not against suicide." There is great force in the 
remark, yet I hope it is not true. There is, however, but one remedy in 
either case. Take from the individual the razor with which he is about 
to cut his throat, and he is, for the present, safe against suicide. In the 
same way, when you find those in possession of executive power using it 
as the machine of political suicide, take away the means of mischief, and 
you prevent political suicide. Take from them their offices, and place 
them in hands more worthy, and the Republic may yet be saved. 

The late Administration came in on the question of reform, and a 
retrenchment of expenditures. Pray, what abuse has been corrected ? 
Not one ! What retrenchment has taken place ? None. Abuses have 
been multiplied and expenditures have been increased. 

Mr. Adams was turned out because he was expending from twelve to 
thirteen millions of dollars per year, and now we are expending from 
thirty-five to forty millions per annum. 

Can any man be so stupid as not to see this is all wrong ? Can the 
babble of democracy sanctify such a course ? 

Partisans may sing democracy until, like the locusts, their backs are 
split, but it will not satisfy the people. We must be taught two things, 
and that speedily. "We must have sound currency, and the government 
must expend less money. 

There is a constant press to increase offices, and to increase salaries. 
Can any friend of the Administration put his finger upon any message, 
specifying the office to be abolished, or the salary to be decreased? 
Yet they prate of democracy. 

A short time since, we had a great struggle to know what should be 
done with surplus money in the treasury. Now the struggle is to know 
how to raise enough to keep the government in motion. 

That which we had, is all gone. Onr currency is destroyed, and with 
it the commerce of the country. Our sources of revenue are the sales of 
public lands, and duties upon importations of goods. 

While the currency is deranged, both these sources of revenue are dry- 
ing up, and we are without revenue to supply actual wants, and what 
have we resorted to ? To making paper money ; to issuing treasury 
notes. 



362 MEMOIR OF HUGH LAWSON WHITE. 

A short time since, we and our families were to be made glad, by peep- 
ing at our Benton yellow jackets, that were peeping through our purses at 
us : but what now have we ? Nothing but yellow-backed treasury notes, 
intended to supply the double purpose of a deficit in the treasury, and a 
circulating medium. 

Since the first of September last, we have authorized the issuing of 
twice ten millions of treasury notes, and why ? Because we needed 
money, and had it not. 

The credit of the United States is good, and we have an express power 
to borrow money ; but if we borrow, the public will see that a national 
debt is contracting, and will inquire into the expenditures ; therefore, the 
Administration prefer a resort to treasury notes. They appear to cost 
nothing, and if tolerated, extravagant expenditures may be continued 
without alarm to the public. This contrivance ought to be nipped in the 
bud. 

Treasury notes are unconstitutional, except used as a means to procure 
a loan. Bills of credit cannot be used as a currency, by either federal or 
State authority. If tolerated, we will soon have an extravagant govern- 
ment, and a depreciated paper currency. Whenever an amount of trea- 
sury notes is issued as a currency, beyond the duties and sales of the pub- 
lic lands, they must and will depreciate, and the mass of the people are 
to be the sufferers. 

Against these issues I have raised my voice, and recorded my votes, 
and shall continue to do so. 

You are ready to ask me what is a remedy for the evils under which 
the country labors ? I tell you plainly. The remedy must be found in a 
firm and manly exercise of the elective franchise. Vote for no man, who 
will not firmly and fearlessly exert himself to prevent these now in power 
from accomplishing the purposes they have in view, and when the time 
arrives, let us exert ourselves to displace the present Chief Magistrate. 

I may ask, who will you put in his place ? Is he not one of your own / 
original party and will you go against a man of your own principles ? 

In all sincerity I will answer these questions. In the first place then I 
say, at present, I do not know whom we ought to endeavor to put in the 
place of the present incumbent. Two years and more are to elapse before 
the election. Previous to that time every man whose name has been 
mentioned as a probable candidate, may be removed from the stage of 
action, as matters may be disclosed in relation to him, which may 
change entirely our opinions of his character and qualifications. There 
is only one thing on this subject upon which my mind is at rest, and that 
is that for the present incumbent I will never vote, while I entertain the 
same opinion of him which I now do. 

I have now the same politics, and the same political objects to accom- 
plish, which I had in 1828, when you and I successfully exerted ourselves 
to elect the late Chief Magistrate. 



CANVASS WITH MR. VAN BtTREN. 3G3 

Towards the accomplishment of this ohject, we have made no progress 
whatever. We have been deceived and disappointed, and in my opinion 
the present incumbent has been the chief instrument in effecting this 
deception and disappointment. To continue him longer in office would 
therefore be giving up all wish for those improvements in our pub- 
lic affairs, which I believe the interests of the country pressingly 
require. 

Before the time of election arrives, some man, not now thought of as a 
candidate, holding political opinions similar to my own, may be brought 
before the public with a reasonable prospect of success. In that event he 
should have my cordial support. 

Although much has been said during the last session of Congress on 
the subject of the next election ; yet I have taken no part in it, either 
directly or indirectly, and to no one of those spoken of as candidates have 
I in any degree committed myself. I am now as free to make my choice 
as any of you can be. 

I have however reflected on this subject, in all its bearings and contin- 
gencies, and am free to state, that from present indications, I think it 
most probable Mr. Van Buren will be a candidate for re-election, and that 
he will be opposed by some one, only, of the old opposition. Very prob- 
ably Mr. Clay. In that event I have asked myself the question, what 
course ought I to pursue ? 

For Mr. Van Buren I have already said I never can and never will 
vote, if he pursues the course pursued for the last few years. My motto 
is " not words, but deeds." I judge of him by what he has done, and 
caused to be done, and not by what he has professed. 

It is true he has professed, at times, to belong to the same political 
party to which I have ever adhered ; but his practice has on no one point 
corresponded with that profession. 

He is a tariff man and voted for that most odious of all our tariffs, that 
of 1828. I am against all tariffs for protection merely. 

He is for internal improvements by the federal government where the 
object is what he calls national, and actually voted for the erection of toll 
gates on the Cumberland Road. 

I deny that the federal government possesses any such power within 
the State. 

He is against a national bank, and so am I, but then he goes for a 
treasury bank, which I think is worse than a national bank, by incorpo- 
rating stockholders. 

He is for increasing executive power and patronage. I am for dimin- 
ishing and limiting them. 

He is in favor of the federal executive, and officers under him using 
their power to influence public opinion in elections; I am decidedly 
opposed to any such practices. 



364 MEMOIR OF HUGH LAWSON WHITE. 

He is in favor of the Chief Magistrate, in office, selecting his successor, 
and using all his influence to have him elected. 

I think such a practice calculated to convert our Republic into a 
Monarchy, and therefore believe no man ought to be President who holds 
such doctrine. 

It is useless now to pursue this contrast any further, You will readily 
perceive it is an entire mistake to suppose we ever belonged to the same 
party ; yet it is true we once nominally did. He came into it, and gave 
his support at rather a late day, when possibly he believed he would 
succeed whether he joined us or not. 

To him I have still another objection. He did not come into office 
upon any character of his own, and no man is fit for the station he now 
occupies unless he attains it upon the strength of his own principles and 
character. He is nothing but a mere tuft of political misletoes, having 
no root of his own, adhering to and supported by, the limb of a distinct 
trunk altogether, and must as infallibly perish whenever that trunk 
ceases to nourish him, as the tuft on yonder oak, whenever that oak shall 
kave decayed and fallen. 

The question then recurs, should Mr. Clay be the opposing candidate, 
what ought I to do ? 

I answer I ought to exercise my right of suffrage, so as most to pro- 
mote the public welfare. I am entirely opposed to following the exam 
pie of throwing away my vote, because the community will neither 
select me nor the man of my choice. It is my duty deliberately and 
impartially to compare the principles and characters of those between 
whom the choice is to be made, and to vote according to my best judg- 
ment. Permit me, then, for a few moments, to draw your attention to 
a contrast between these two gentlemen. 

Mr. Van Buren is in favor of a protective tariff, and voted for that of 
of 1828. 

Mr. Clay is also in favor of a protective tariff, but did not vote for that 
of 1828. He is the author of the Compromise Act of 1832, which settles 
the question to the satisfaction of the country at large, and which he 
believes ought not to be disturbed. 

Mr. Clay thinks the federal government has the power to make inter- 
nal improvements within the States, but ought not to exercise the power 
except upon an object of general or national utility, and that now, as the 
States have taken up the business of internal improvements, the federal 
government ought not to meddle with it, but rather aid the States with 
means by distributing, when our funds will permit us, the proceeds of 
our public lands. 

Mr. Van Buren thinks the federal government can and ought to make 
internal improvements when the object is national; but has no such 
power where the object is local. 



ME. VAN BUEEN AND ME. CLAY. 3G5 

This opinion I think more exceptional than that of Mr. Clay, because 
under it, the President has a discretionary power to make improvements 
where he pleases, by calling the objects national, and refusing them at 
pleasure, by calling the objects local. 

Mr. Clay thinks we have the power to charter a national bank, and 
that we ought to exercise it. 

Mr. Van Buren is against a national bank, but is in favor of a treasury 
bank. 

The last is in my judgment the most dangerous opinion. 

One great objection to incorporating a national bank is a fear that the 
directors and president might co-operate in elections, and if they did, 
that the moneyed power united with executive patronage would be an 
overmatch for any power in the hands of the people. 

Fow in case of a national bank owned by stockholders, this Union 
might, or might not take place ; but in case of a treasury bank the Union 
is certain, and everything is in due form of law put into the power of 
the President. 

Even upon these great leading points, I think Mr. Clay greatly prefera- 
ble to Mr. Van Buren ; but the contrast ought not to stop here. 

Mr. Van Buren is in favor of executive power and patronage in its 
very worst forms and ramifications. Mr. Clay is in favor of reducing 
and limiting them by law. 

In a few words I must state, that I think the great difference between 
the two men is, that Mr. Van Buren will profess any opinions which will 
gain him most votes in an election, and that when elected, he will prac- 
tice on whatever principles will give to himself and his partisans the 
most money, without any regard to the great interest of the country. 

That Mr. Clay is a bold, ambitious, frank, and talented man. That in 
office he would be ambitious so to administer the government as to make 
for himself the reputation of a great man, in the estimation of enlight- 
ened men in his own day, and of posterity in all time to come. 

I have thus frankly stated to you my opinion in relation to these men. 
I have done so the more willingly, because I am under no obligation 
to either, nor have I anything to hope from them. 

It has been the fashion with you and with me, to endeavor to put down 
and keep down Mr. Clay in time past. In turn he has helped to put and j 
keep me down. His third candidate for the Presidency furnished the only 
argument which enabled the late Chief Magistrate to transfer the Southern 
States to his candidate. For all this I care not. I had no claims on Mr. Clay. 
On several great questions we had ever disagreed and still do. Should 
I support him in the coming contest, it will not be because I have changed : 
or intend to change my principles; but because I like his better than 
those of Mr. Van Buren, and because should he be elected I expect much 
benefit to the country ; but not all I would expect by electing a candi- 
date with whom I accorded in opinion, upon all great questions. 



366 MEMOIR OF HUGH LAWSON WHITE. 

Be it therefore remembered, that if I sustain Mr. Clay, neither he nor 
his friends are to believe for a moment that I surrender any one of my 
political principles. Far otherwise ; I will retain them all, and should I 
still be in the Senate, if he were elected, and attempted to carry out any 
principle in which I have disagreed with him, he would find in me the 
same opposition I have ever manifested. 

In voting in elections, as in the discharge of every other duty to society, 
it is my business to do all the good I can, and if I cannot get a candi- 
date to vote for, who comes up to my political standard, to select that 
one who comes nearest to it. 

Fellow-citizens : I thank you for your continued confidence and good 
opinion ; I thank you for the patient manner in which you have given 
me your attention. Had I the voice now, which I had, when, forty-two 
years ago I first addressed my countrymen on yonder hill (pointing to the 
court-house), you would have been enabled to hear me without crowding 
together in so small a compass: but your kindness can always remedy 
my imperfections. I ask you to join me in the sentiment which I will 
read, and pass to your president to be proposed as one nearest to my 
heart: — 

" Tennessee.''' 1 — May she ever adhere to her own principles — remain 
too honest to be purchased, too well informed to be mislead, and too 
unyielding to be subdued. In every struggle between parties may her 
sons rally as a body-guard to protect the Constitution. 

In reply to this avowal of Judge White's sentiments respecting 
Mr. Clay, the latter gentleman addressed to him the following let- 
ter; which is published in justice to that distinguished statesman, 
and as proof that the charge of a coalition between Judge White and 
the opposition was unfounded. 

Ashland, Aug. 27, 1888. 
Dear Sir: I am indebted to you, or to some other friend, for a 
copy of the speech which you delivered on the late occasion of a 
public dinner with which you and Mr. Bell were complimented on your 
return from Washington. I have attentively perused it, and with much 
satisfaction ; and I cannot deny myself the pleasure of saying to you that 
it is candid, independent, and in perfect consistency with your own prin- 
ciples, character, and course. I might not be willing to admit the ambi- 
tion which you ascribe to me ; but I do not mean to insist upon that 
observation of yours as detracting from the general fairness of the 
speech. My chief object, however, in now addressing you, is to correct 
an error into which you have fallen, in respect to the last Presidential 
election. You appear to be under the impression that Gen. Harrison 
was a candidate brought out by me, and brought out to avenge injuries 



LETTER FROM MR. CLAY. 3 07 

■which I had previously experienced from yon. Now, I assure you, sir, 
that I had no more agency in presenting the General as a candidate than 
you had. It was done without any prompting of mine, and without any 
prior consultation with me, Nor did I, during the whole of the canvass, 
take any active part in it. I felt the difficulty of supporting the General, 
on account of the military basis of his pretensions : and I felt the diffi- 
culty of supporting you, on account of the difference which existed 
between us on some leading points. Bnt I never forgot that it was due 
to my own character to avoid becoming an active partisan. Towards 
the close of the canvass, in October of 1836, a great barbecue was gotten 
up in sight of my house, connected with the presidential election, and I 
was invited to it. I could not decline going ; and very much against my 
wishes, I was drawn out to say a few words on the subject of the 
approaching election. The main idea which I expressed was, that it 
was the duty of the people, in my opinion, to make the most determined 
opposition to Mr. Van Buren ; and for one, I declared my hearty prefer- 
ence for either of the other candidates. I spoke of you in terms of high 
respect, and avowed my preference of you to Mr. Van Buren. Finally, 
I stated to the meeting that I should vote for Gen. Harrison, because I 
thought that he combined the greatest prospects of defeating Mr. Van 
Buren. Most certainly the General was not my first choice. I should 
have preferred Mr. Webster to him, and so stated. 

The condition of the opposition to Mr. Van Buren at the last election, 
was unfortunate. No mode was devised, and none seemed practicable, 
to present a single candidate in opposition to him. The Southern, and 
Southwestern States would not unite in the election of Gen. Harrison or 
Mr. Webster, and their friends would not unite in your election. Under 
these circumstances it was thought to be the best that could be done, by 
those who took an active part in those matters, that all three of you should 
be run. On a review of the past, I think you must admit that the disap- 
pointment was greatest in those States which were supposed to be 
friendly to you. That may have been in consequence of the number of 
candidates in the field ; but that cause did not prevent Gen. Harrison from 
obtaining quite as many votes as were ever expected. And I am sure 
you will regard it only as matter of history when I express the opinion 
that if the General had been out of the way, I do not think that you 
could have obtained the votes which he received. They would have 
gone to Mr. Webster, or, which is more probable, have been divided 
between him and Mr. Van Buren. In the course of a long conversation 
with Mr. Webster, months before the election, I expressed to him tho 
opinion of the expediency of his retirement from the contest, but he did 
not retire. 

If, as by this time I hope, you will believe that I had no agency in 
putting forward Gen. Harrison, and certainly no purpose of injur- 



3G8 



MEMOIR OF HUGH LAWSON WHITE. 



ing you, you will do me no more than justice in believing the assur- 
ance that I now make ; that I felt no injury from you, which required to 
be avenged. I certainly felt no obligation to the party of the late Presi- 
dent to which jou were once attached ; but I had never understood that 
you had been distinguished by any peculiar enmity towards me. And at 
the period of the late election I regarded you with feelings far different 
from those of a political enemy or opponent. 

I thought these explanations due. I hope they will be received in the 
same frank and friendly spirit in which they are made. 

I hope you have recovered from the fatigue of our late exhausting ses- 
sion of Congress. Although I have not been five miles from home 
since my return, I feel the want of further repose. 

Mrs. Clay desires her respects to be presented to Mrs. "White, and I beg 
leave to add mine also, and for yourself, assurances of the most cor- 
dial esteem and regard of 

Your faithful and ob't servant, 

H. Clat. 
The Hon. Hugh L. White. 



i 






CHAPTER XVI. 

RETIREMENT FROM PUBLIC LIFE. 

In the fall of 1838, Judge White's health became much impaired, 
in consequence of an attack of congestive fever, which had prevailed to 
an alarming extent in Knoxville. Under the belief that he should be 
unable to reach Washington in time for the meeting of Congress, he 
sent in his resignation, which Governor Cannon refused to accept. 

As soon as it was ascertained that the legislature of 1839 contained 
a majority of Administration members, it was at once determined by 
them, to instruct him out of the seat which he had so repeatedly 
desired to resign, but had retained to gratify the leading men of their 
own party. To effect this object as speedily as possible, and at the 
same time to avoid, if it might be, the odium that must attach to them 
in consequence of such a course, they, in the first place, endeavored 
to make his resignation, which had been tendered the preceding fall, 
take effect then ; and a resolution was passed by the Senate, calling 
upon the governor for the correspondence which had passed I tween 
them. 

In answer to which resolution his excellency sent in reply the fol- 
lowing communication : — 

Gentlemen of the Senate : In compliance with your resolution 
of the 11th instant, I have the honor to state that there is not in my 
possession, or in the executive department, or ever has heen, a copy of 
the correspondence between the Hon. Hugh L. White and myself, touch- 
ing his resignation as senator. No copy of the same has ever been taken, 
nor is his letter to me on that subject in my possession, or in the execu- 
tive department, it having been returned to him, by his request, a short 
time after it was received. I have kept no memorandum of this com- 
munication, nor do I now remember its precise date. I am under the 
impression, however, that it was in the early part of November last, that 
I received a communication from this honorable senator informing me of 
the severe affliction he had suffered and the very feeble state of his health 
at that time ; also expressing his belief that he would not be able to reach 

24 369 



370 MEMOIR OF HUGH LAWSON WHITE. 

Congress by the ensuing session. And in consequence of his inability he 
proposed resigning his seat in tbe Senate of the United States in order 
tbat a fro tern, appointment might be made by me in due time. On the 
reception of this letter, I determined to suspend my official action on the 
resignation thus tendered for a reasonable length of time, for the restora- 
tion of the health of our senator, sufficiently to enable him to proceed to 
the discharge of his duties ; which determination was communicated to 
him with such reasons and suggestions as at that time were deemed appro- 
priate, and resulted in an acquiescence of the withdrawal of his letter 
containing the proposition to resign, which was returned to him by his 
request, without my acceptance of his resignation or my official action 
on it in any way whatever. 

This is, according to the best of my recollection, the substance of the 
correspondence which took place between the honorable senator and myself, 
during the time and on the subject referred to in your resolution. His 
praiseworthy course on this occasion afforded to my mind strong 
additional evidence (to a long course of the most faithful public services) 
of the most exalted and refined sense of honor and honesty, by which he 
has been influenced, and few examples of which have been set before us, 
by the public men of our times. It has seldom happened that those occu- 
pying similar situations, whether in reference to the general or State 
governments, have shown, under such circumstances, equal patriotism and 
devotion to the public interests, and in the assumption of authority on 
my part, which has been exercised in this case by me as executive of the 
State, I am conscious of having been influenced by honest views of the 
interests of the people for whom I have acted, together with what was 
due ur.der the circumstances, to a well tried and faithful public servant; 
and in assuming the responsibility which belongs to the station I have 
occupied, in the discharge of this part of my duty, I cannot for a moment 
believe that I have misconstrued the just and generous character of the 
people of our State or that of their senators in the legislature, with regard 
to the kind and indulgent feelings which animate them towards those 
faithful public servants who have rendered faithful and important ser- 
vices to our country, to every citizen of which, as well as to your honorable 
body, I feel equally responsible for every official act. 

" Very respectfully, 

"Newton Cannon. 

" Exicutive office, Nashville, Oct. 12th." 

Resolutions to the following effect were shortly introduced by Mr. 
Levin H. Coe, instructing their senators, and requesting their repre- 
sentatives to vote for thera — 

1. Against a national bank. 

2. In favor of the sub-treasury. 



LEGISLATIVE INSTRUCTIONS TO JUDGE WHITE. 371 

3. Against Mr. Crittenden's Bill to secure the freedom of elections, or 
any similar bill. 

4. Against the distribution of the proceeds of the public lands. 

5. In favor of a bill repealing all duties on imported salt. 

6. To support in good faith the leading measures and policy of the 
present Administration. 

"While these resolutions were under discussion in the House of Repre- 
sentatives, previous to their passage in that body, the representative 
from Knox county, Gen. Jacobs, by reading the following letter gave 
the House full assurance of the course which Judsre White would 
pursue in the event of his receiving such instructions. 

Sept. 5lh, 1839. 

Deak Sir : Your note of this date has been handed me a few hours 
since. By it you request me to inform you what course I will feel it my 
duty to pursue, in case the General Assembly should pass resolutions 
instructing their senators to vote for the bill, denominated the Sub-Treas- 
ury Bill, or resolutions simply expressing the opinion that such bill ought 
to pass, without any express instructions to the senators to vote for it. 

I have long been an advocate for the doctrine of instructions, and am 
of opinion that when a senator receives instructions from the legislature 
of his State, upon any subject, when no constitutional question is involved, 
he ought to conform his conduct to, and vote according to such instruc- 
tions, or resign ; and I have never been able to see any good reason why the 
expression of an opinion by the legislature should not be considered as 
instructions, although no express instructions accompany such expression 
of opinion, unless the legislature say they do not intend an expression of 
their opinion to control the conduct or votes of their senators. 

I have considered a senator as the agent or trustee of the people of his 
State, and that he ought to carry into effect, so far as is in his power, the 
sentiments of a majority of the people he represents upon all subjects, 
when he can do so, without violating the Constitution. He ought to 
suppose the legislature, who are his immediate constituents, express no 
opinion, or give no instructions which do not accord with the sentiments 
of a majority of the people, and if he does not conform his conduct to the 
expressed opinion of the people, through the agency of the legislature, 
he is guilty of a breach of* trust, and does not faithfully represent his State. 

The Sub-Treasury Bill, so far as I am advised, does not involve any 
constitutional question ; therefore, if the General Assembly deem it pro- 
per to instruct their senators to vote for its passage, or consider it wise 
to express the opinion that it ought to pass, in either of these cases I 
should consider myself bound, either to give it the support of my vote, or 
to resign ; and I should certainly adopt the latter branch of the alterna- 
tive. No consideration could induce me knowingly to misrepresent the 



372 MEMOIR OF IIUGH LAWSON WHITE. 

people of Tennessee, especially upon a subject so important, and by my 
vote, no bill productive of so many ill consequences, as I tbink this 
would be, shall ever be passed. Consistently, therefore, with my princi- 
ples, no course would be left me but to resign. 

I have heretofore opposed the sub-treasury, and voted against it, under 
a firm conviction, that if passed, it would be productive of much mis- 
chief; I believed a large majority of the people of Tennessee entertained 
the same opinion. At the last session our General Assembly instructed 
me to pursue this course; with much pleasure I conformed to those 
instructions, and I cannot now act so inconsistent a part as to support a 
measure, in my judgment fraught with such ruinous consequences to 
society. I still believe a majority of the people of this State accord with 
me in opinion upon this subject, but as a senator, do not consider myself 
at liberty to go behind the legislature in search of public opinion. I 
will act as if I believed they correctly expressed the opinion of my State, 
and if they do not, they are accountable, not to me, but to the people 
who are our common constituents or masters. 

It is true, as I have heretofore said, that in 1834, when the sub- 
treasury was first spoken of, I thought favorably of it, and would have 
supported it, provided my political friends had agreed with me in opin- 
ion, but the matter is now entirely changed in my view of this subject. 
Then my idea was that the details should be such as to lessen, not to 
increase, the power of the executive over the public moneys. Now the 
project is to give, in my opinion, almost unlimited control over them. 

Then it was very doubtful whether safe banks could be induced to 
take charge of the public moneys upon reasonable and fair terms. Now, 
no such doubts are entertained. 

Then, I had entire confidence in the executive ; now, that confidence 
does not exist. 

Then, we had not the benefit of experience on this subject. The sub-trea- 
sury has now been in actual operation for several years, and I consider 
that this experience ought to have taught us all, that, under its opera- 
tions, the public money will be unsafe, and society will be demoralized 
by the illegal use of it, and that the power of the federal executive will 
be increased to an extent inconsistent with our liberties. 

It was my intention not to obtrude my opinions upon this, or any 
other subject, upon any of the members of the General Assembly, but at 
the same time, I can have no inducement to conceal them. I have, there- 
fore, endeavored very briefly to answer all the points embraced in your 
note, and have no difficulty in giving the permission you ask, to use my 
answer in any way you may think proper. 

With sentiments of the most sincere regard, I am 

Your ob't servant, 

Hugh L. "White. 

Gen. Solomon D. jAOons. 



LEGISLATIVE INSTRUCTIONS TO JUDGE WHITE. 373 

Completely frustrated iti their previous attempt, the political oppo- 
nents of J udge White now determined to effect what seemed to be 
their sole object without regard to consequences. After the disposal 
of a long and tedious series of obstructing amendments offered by 
whig senators, Mr. Gillespie, at the end of a month's hard labor, 
moved the previous question, and succeeded in carrying through the 
resolutions at midnight, November 8th, by a strict party vote. 

These proceedings brought upon their contrivers the reprobation 
of the country, as is shown by the tone of the public journals of tho 
day. 

The "Madisonian" thus treats the subject : — 

Since the destructives carried the State of Tennessee by political tur- 
pitude and chicanery, they have been unceasing in their efforts to push 
Judge White from his seat. We do not wonder at it — there is a daily 
beauty in the preseuce of that pure and exalted patriot, which makes 
this hideous ; hence the ghost of the blood-stained Banquo was not a 
more unwelcome visitor to the tyrant at his feast, than would be Judge 
White to the ruling party in the Senate. We most sincerely trust he 
will not resign. At this particular juncture, the nation at large, as well 
as the State of Tennessee in particular, has a deep interest in his retain- 
ing his seat. We cannot bear the idea that a station held with honor to 
himself and usefulness to the nation, should be yielded to make room for 
some of those suppliant tools that have been engendered through the 
base degeneracy of the times. Although in some instances, the private 
station may be the post of honor, yet in others it becomes the duty of 
the statesman to yield his individual views to the wishes of the country. 
We feel persuaded that however much Judge White may have desired 
repose, their base attempts at intimidation will nerve him to a proper 
resistance of their nefarious schemes. 

The " N. Y. Times," in speaking of the movement of the ruling party 
in Tennessee, says : — 

We are sorry to say that the manner in which these gentlemen were 
" instructed " out of their seats, was grossly rude and insulting. More dis- 
gusting samples of low-bred abuse than are to be found in the speeches 
made by some of the locofoco members at Judge White during the 
debate on the instructing resolutions, never disgraced a parliamentary 
body. This portion of the picture is, however, somewhat relieved by a con- 
templation of the beautiful dilemma in which the locofocos were involved 
by their acute and eloquent opponents. So completely were the former 
entangled in a web of contradictions, so ludicrous were their perplexed 



374 MEMOIR OF HUGH LAWSON WHITE. 

efforts to steer between the CharyMis of giving the lie to Gen. Jackson, 
by voting against resolutions embodying his very words, and the yet 
more awful Scylla of repudiating the sub-treasury by endorsing them, 
that Ave suppose we must find some palliation for the overflow of their 
malignity in the agony of their annoyance. 

The " Louisville Journal " thus commented upon the subject : — 

The speaker of the lower branch decided that an amendment could 
not be laid on the table without carrying with it the main question. This 
decision was clearly correct ; it was in accordance with all parliamentary 
usage. Some members, however, in order to test the sense of the House, 
took an appeal to that body ; and the decision was almost unanimously 
confirmed, the locofocos going for it in a mass. Well, only two or three 
days afterwards, while the instructing resolutions were up for considera- 
tion, the whigs began to torment the locofocos by proposing certain trou- 
blesome amendments, which the locos did not dare to vote either for or 
against. The only way they saw of getting rid of them, was to lay them 
on the table ; and so in direct defiance of the previous decision, the 
speaker decided and all the party except three sustained him in it, that 
an amendment might be laid on the table without carrying with it the 
main proposition. 

The following is from the "Hamilton Gazette," a neutral paper, pub- 
lished in Tennessee : — 






"Well might the venerable White exclaim against his own State, as 
did the noble Caesar against his fellow and friend Brutus when he too 
stabbed him in the Roman Senate. Judge White is an old public 
servant ; he has won a good name from every dispassionate man. We 
are told that in Washington City his unbending morality and inflexible 
patriotism, manifested by every action public and private — his lofty 
demeanor and talents of the first order — his attention to business, and 
whole general bearing is so much assimilated to that of the " father of his 
country," that he stands pre-eminent, even among the Clays, Calhouns, 
Websters and Adamses. Yet this man, for no other reason than because 
his views and sentiments do not exactly tally with the majority of the 
legislature, has been requested to resign his seat in the Senate of the 
United States. It is not often that we permit our feelings to lead us into 
a censorious notice of either party. But we confess, that when we think 
of the disgrace that has been brought upon our State, by the reckless 
mendacity and total disregard of every principle of right, to foster the 
pretensions of a party, our "gorge rises," and we are almost disposed to 
think that a worse curse is coming upon us through the management of 



LEGISLATIVE INSTRUCTIONS TO JUDGE -WHITE. 375 

our rulers, than rested upon France in her most bloody era. If it were 
possible for a more judicious choice than Judge White to be made in 
Tennessee, the case would not be so bad. But every man in the majority, 
knows full well, that if half a dozen of their leaders were thrown into a 
crucible, purified, and cast into one man, that he would fall short of the 
merits of Judge "White." 

The party being now anxious to precipitate measures at Washing- 
ton, on the 13th January, Mr. Wright called up the Sub-Treasury Bill 
in the Senate, and pressed its consideration on that body. Thereupon, 
Judge White rose and said, that " he held in his hand a number of 
resolutions adopted by the legislature of his State, one of which 
instructed him to vote in favor of the bill, proposed for the considera- 
tion of the Senate to-day." 

He requested permission to read to the Senate his reply to the 
legislature, which was granted. 

Mr. White then addressed the Senate to the following- effect : 



o 



Mr. President : I have a duty to perform this morning, before we pro- 
ceed to any regular order of the day. Presuming that the business of 
presenting petitions is now over, I proceed to discharge it with as little 
delay as possible. 

When I reached this place on the 29th of November last, I was fur- 
nished by one of our officers with a letter, which contained several reso- 
lutions adopted by the legislature of Tennessee, condemning one of the 
votes given by the senators from that State, at the last session, and 
instructing them how to act in future, on many subjects. I believed my 
duty to my State, and to the public, would be best discharged by remain- 
ing in my seat and continuing to attend to the business of the Senate, in 
the manner I had been accustomed to do, until some of the subjects 
specifically mentioned in the resolutions should be placed before the body 
for discussion. On this day of the last week, the honorable chairman of 
the committee of finance reported a bill, commonly called the Sub-Treas- 
ury Bill, and gave notice that on this day he would ask for its considera- 
tion. This being one of the subjects mentioned in the resolutions, the 
time has arrived when, in my opinion, it is respectful to the legislature 
of my State, that I should present them to this body, to the end that the 
members of it, as well as the community at large, may be made acquainted 
with what the General Assembly has chosen to express as public opinion 
in Tennessee. I move that the preamble and resolutions, which I now 
send to the secretary, may be read, printed, and laid on the table. 

After the resolutions had been read, Mr. White proceeded and said, 



376 MEMOIR OF HUGH LAWSON WHITE. 

Mr. President — As I am now a member of this body, and my instruc- 
tions have been read and ordered to be printed, I consider it proper that 
I should follow the example set by others, and make equally public the 
conclusions to which I have come in relation to them. 

The subjects of which they treat are of vital interest to the country, 
and I am anxious that the opinions I entertain and express upon them 
should neither be misunderstood nor misrepresented ; I will, therefore, 
take the liberty of deviating from my usual course of delivering my sen- 
timents (which has been not even to use notes), and will now read the 
answer which I have prepared, and intend, without delay, to forward to 
the same body which adopted the resolutions. 

Mr. White then read his answer in the following words 

To the Honorable the General Assembly of the State of Tennessee. 

Gentlemen : On the 29th of November last, in the city of Washington, 
I received a copy of sundry preambles and six resolutions, which appear 
to have been adopted by you on the 14th of that month, instructing your 
senators, and requesting the representatives in the Congress of the United 
States how to act on a variety of subjects. 

An answer to the resolutions would have been immediately given had I 
not believed it my duty to remain at the post assigned me by your prede- 
cessors, until some of the matters specified in them should be presented 
to the Senate for its action. Although I might entertain an opinion 
different from that employed by your honorable body, and might be 
unwilling to surrender that opinion ; yet if no case should be presented 
for the action of the Senate, in relation to which such difference of 
opinion existed, I could perceive no good reason why I should state what 
course I would pursue, upon a subject, which might never be presented 
for consideration. Now, however, bills are presented to the Senate upon 
some of the subjects embraced in your resolutions, and I deem it my duty, 
without further delay, to inform you, that I cannot obey the instructions 
contained in some of those resolutions, and respectfully to assign some 
of the reasons which influence my conduct. 

That I may be the better understood, I will notice each of the resolu- 
tions in the order in which they were adopted. 

First. As one of your senators, I am instructed " to vote against the 
chartering by Congress of a national bank." 

This instruction corresponds with the opinion I have repeatedly 
expressed and acted on, and I could now feel no difficulty in conforming 
my vote to your wishes on this subject. 

Secondly. I am instructed " to vote for, and use all fair and proper 
exertions to procure the passage of the measure brought forward in the 



JUDGE WHITE S RESIGNATION. 377 

Congress of the United States, commonly called the Sub-Treasury Bill, 
or Independent Treasury Bill," &c, &c. 

The following, with many other reasons, induced me to believe I ought 
not to compby with the instructions contained in this resolution. 

It has often happened, and will generally be the case, that a consider- 
able time must elapse between the 'receipt of public money from the 
debtor to the United States, and its disbursement to their creditors ; 
during this interval the money will be much more safe in the custody of 
well selected banks than it can be in the hands of individuals, supposing 
them to be faithful. 

Supposing any one of your honorable body had one hundred thousand 
dollars of his own money, which he did not intend to use for six or nine 
months, and lived in the vicinity of a bank of respectable standing, 
would he keep the money in his own house, under his own care, or 
would he deposit it in bank for safe-keeping until he wished to use it? 
If he was a prudent man, regarding his own interest, he certainly would 
deposit it. 

Are we then justified in taking less care of the people's money than a 
prudent man would take of his own ? "With great deference to your bet- 
ter judgment, I think not. 

It often happens that the receiving officers have on hand much larger 
sums than that named in the supposed case, and as the sum is increased 
and the time it is to be kept between its receipt and disbursement 
enlarged, the danger of loss, when in the hands of an individual, is 
increased likewise. 

Again. All experience teaches us that large sums of public money left, 
in the hands of individuals will be misused and squandered. It will 
either be used by the individual himself for his own purposes, or loaned to 
importunate friends whom he may wish to accommodate, and who are 
sure not to be able to return it when called for. 

It is said banks are irresponsible, therefore not to be trusted. In my 
opinion, generally, they are more responsible than individuals. They 
have more means with which to pay, and if they fail to make payments 
when required, they are as much amenable to the process of a court of 
justice as individuals are ; and in addition, they are to be found with much 
more certainty, as a corporation aggregate can very seldom abscond, or 
leave the country, which an individual easily can, and often does do when 
he misuses the public money. 

We need all the checks which can reasonably be imposed on our 
collecting and disbursing officers. Banks have been found to furnish 
one highly beneficial upon both of these classes. By a regulation between 
the treasury department and each deposit bank, the latter has been 
required at short periods to furnish its account current with the treasurer, 
and on the face of it to show all sums deposited to his credit, when such 



378 MEMOIR OF HUGH LAWSOX WHITE. 

deposits were made, and by whom. By comparing this account with tho 
accounts furnished by the respective officers themselves, it can readily be 
discovered whether they are misusing the public money or not, By the 
proposed change, and allowing the collector or receiver to be himself the 
keeper, until the money is wanted for use, you have no check whatever, and 
the whole money received by an officer may be squandered before it is 
wanted for disbursement, without any means of detection. 

I, therefore, conclude the Sub-Treasury Bill ought not to be passed, if 
there were no other objections to it save that of the public money being 
less secure. But there are other weighty objections. 

The only plausible reason which can be assigned why we should dis- 
card banks entirely and appoint sub-treasurers, keepers of the public 
funds, must be, that the banks are unworthy of confidence. 

If that be so, does it not necessarily follow that you ought either not 
to receive any bank notes in discharge of dues to the government, or if 
received, that you should order the officer with whom they are deposited 
for safe-keeping, immediately to call upon the banks for specie to their 
amount. It is absurd to say we will not deposit with the bank, because 
we have no confidence in it, and at the same time to allow our officers to 
receive bank notes, and retain them in the hands of our officer, up to the 
time we wish to pay the money away. There is less probability that the 
banks would redeem their notes in specie when called on, than that they 
would deny the payment in specie for money received on deposit. 

The practice, then, of receiving nothing but specie from debtors, or of 
immediately converting the notes received into specie, and locking that 
up until the time of disbursement arrives, must be resorted to, in order 
to carry out your wishes. 

This, I apprehend, would be ruinous to society. A large portion of the 
specie that might otherwise circulate, would be withdrawn from the use 
of every person a considerable portion of each year. This would affect 
the prices of property, of labor, and of everything else, and would render 
it next to impossible for even a prudent man, who happened to be in 
debt, ever to extricate himself. 

Beside this, the heavy draws for specie upon banks, would compel 
them, in a short time, either to wind up or to do a very precarious busi- 
ness. Whenever a suspension of specie payments would take place, we 
would have a depreciated paper currency, on Avhich to do the business of 
the country, and specie would become an article of merchandise. The 
man in office, or who had a job or contract Avith the government, would 
receive his salary or his pay in specie, which he would immediately sell 
for bank paper, receiving a premium of some ten or fifteen per centum, 
and with that paper pay his debts or purchase such property as he might 
wish. This practice is at this moment in operation. For every hundred 
dollars paid me as a member of Congress, I can receive one hundred and 



JUDGE WHITE'S RESIGNATION. 379 

eight or nine dollars in bank notes, and with them pay the landlord who 
feeds, or the tailor who clothes me. 

It has appeared to me, if we commence this entire operation which 
your resolution contemplates, and go into this thorough hard money 
system, we shall presently, in Tennessee especially, be in a deplorable 
condition. Look at its effects : all debts and taxes are to be paid to the 
federal government in hard money, or in bank notes, for which the spe- 
cie will be immediately received, and the specie thus received is to be 
locked up securely, until it is paid out in discharge of some debt due by 
the government. Suppose our first year's taxes paid, in all the States, 
amounting to some twenty-five or thirty millions of dollars. That is 
only to be returned into circulation when the federal government pays 
the debts which it owes. What chance will Tennessee have to receive, 
by federal disbursement, any portion of what she may have paid ? "We 
have no forts, no foundries, no arsenals, no fortifications, no armj*, no 
navy, navy-yards, or dry-docks. In short, we have next to no objects 
upon which the federal government expends money ; therefore none of it 
would be returned to us. We must pay up our full proportion of all 
indirect taxes in hard money, with a certainty that little or none of it 
would be returned to us by federal expenditures, and in the course of a 
very few years, we must be drained of every hard dollar we now have. 

There is another class of objections against this measure, entitled, I 
think, to still more grave considerations. 

The addition it will make to the powers of the federal executive. 
Every officer with which the money is to be deposited, or left for safe- 
keeping, will be appointed, by the President, and removable at his plea- 
sure. We might as well give it to the President himself, as entrust it to 
those whom he can and will control. 

This plan will multiply officers and increase considerably our expenses 
at its commencement, and in the end, no man can foresee the swarms of 
dependents it may generate, and the additions it may occasion to our 
expenditures of the public money. 

By the use of the patronage already belonging to that officer, we all 
know and feel that a large portion of the power vested in the legislative 
department exists only in name ; it is in substance vested in, and 
expressed by, the President as he wills ; shall we, then, give him a con- 
trolling power over all the pecuniary resources of the federal govern- 
ment ? For one, I cannot consent to it. 

Lastly, this sub-treasury is nothing but a stepping-stone to a bank 
created by the federal government, bottomed on its own funds, attached 
to the treasury department, and all placed at the control of the Presi- 
dent, or of those who will never have any will which does not correspond 
with his. 

It appears to me, no reasonable man can think if we commence this 
system we are to stop short of such a bank. 



380 MEMOIR OF HUGH LAWSOX "SVIIITE. 

Let one year only pass with all your revenue in specie, and that looked 
up, your State banks and paper currency deranged, and -what then? 
Those who may wish to carry out this system will then recur to the 
sound doctrine advanced by the late President Jackson, "that the money 
of the country ought not to be kept locked up by the government, any 
more than the arms belonging to the citizens — both will be sure to be 
misused." And it will be urged that society is suffering for a sound cir- 
culating medium ; we must pass a law authorizing this money to be 
loaned, the interest will ease us of the payment of much taxes, and by 
circulating treasury notes, or drafts drawn by one of these treasurers 
upon another, we will have a sound paper currency, good everywhere, 
and bottomed on a metallic basis. This doctrine will become the demo- 
cratic doctrine, and every man who opposes it will be denounced as a 
bank-bought federalist ; the law will pass, and in due form we shall have 
the Treasury Bank ; and what then ? 

The purse and the sword will he united, and a power to increase the 
nurse, as need may require, not by adding eagles and hard dollars to our 
funds, but by issues of paper, in such sums as may be deemed necessary 
and proper. This bank, with its pecuniary means, and the credit and 
resources it will possess, can either destroy or render subservient to the 
views of the executive any State banks which may be in existence. The 
whole moneyed power, not only of the federal government, but of all 
State banks, being thus placed in the hands of the President, he will be 
able to control the destinies of the country. 

His will becomes the law of the land. He will never again have to 
appeal to " the sooer second thought of the people" to carry any favorite 
measure. His first recommendation will always secure its speedy enact- 
ment into a law. 

In the views which I take of this subject, I may be in error ; but they 
are sincerely entertained. In the first instance, I placed my vote against 
it, under the belief that such were the sentiments of the people I repre- 
sented. Afterwards, I was instructed by the legislature to continue my 
opposition. I did so, from a conviction that I was right ; and nothing 
would give me more pleasure than to conform my vote to your wishes, 
if the measure were an ordinary one, or if I believed the error of sanction- 
ing it could be corrected ; but believing, as I do, that the power once 
granted to the executive can never be recalled, and that its exercise will 
take from the people that freedom of thought and of action which alone 
entitles our government to be considered free, I most respectfully, but 
decidedly state, that I cannot and will not ooey the instruction contained 
in your second resolution. 

Your third resolution unqualifiedly condemns the provisions of a bill 
of the last session, entitled, a bill to prevent the interference of certain 
federal officers in elections, declares the same to be a violation of the 
Constitution of the United States, unqualifiedly condemns the vote given 



JUDGE WHITES RESIGNATION. 381 

in favor of said bill by niy colleague and myself, and instructs your Sena- 
tors to vote against, and to use all fair and proper exertions to prevent 
the passage of the same, or any similar bill. 

When my colleague and myself gave our votes in favor of that bill, 
we acted under the same solemn sanction of an oath to support the Con- 
stitution of the United States, that the members of your honorable body 
did when they voted in favor of this condemnatory resolution. We had 
the benefit of very able arguments both for and against the bill. Wo 
examined it with all the care we could, and came to the conclusion that 
it was not unconstitutional, and believing that the prevailing practice of 
the President interfering in elections, both State and federal, through the 
instrumentality of officers, who hold their places during his pleasure, 
called loudly for a remedy ; we voted in favor of its passage. 

If your decision was final, I would not be so childish as to ask of you 
to reconsider the constitutional question. 

To men of ordinary capacity, or equivocal moral character, I might 
make such a request, from a belief that the decision was a hasty one, 
produced by some extraneous influence, and that a more deliberate inves- 
tigation of the subject might lead to a different conclusion; but when I 
reflect that the leading members of that majority which passed the 
resolution are men as much distinguished by their moral character as by 
their intellectual attainments and deep research on subjects connected 
with constitutional law, and see that my vote is not only "condemned" 
but "unqualifiedly condemned," I cannot hope that one of my humble 
pretensions could urge anything which would occasion even a doubt in 
your minds of the correctness of your decision. 

But there is a higher earthly tribunal than yonr honorable body, that 
will judge both your vote and mine, and pass sentence dispassionately, 
without any predisposition to unqualifiedly condemn either of us, but in 
charity hoping that each believed, when giving his vote, he was acting 
correctly. To that tribunal, then, our common constituents, through you, 
their immediate representatives, I beg leave respectfully and briefly to 
assign some of the reasons which influenced the vote complained of. 

Every officer named in that bill holds his office at the will of the Pre- 
sident, and is liable to be dismissed whenever it is the pleasure of the 
President to dismiss him. Each and every one of the offices is created 
by act of Congress. The qualification for the office, the tenure of it, and 
the duties to be performed by the officers are, and were, matters of legis- 
lative enactment. 

The President has no power to dismiss or control one of these officers, 
merely because he is President, but because Congress, by law, gave him 
that power. The bill itself expressly provided that all these officers 
should be secure in the right to vote on all elections, according to their 
own judgment, and only forbid their interference to control and influence 
the votes of others. 



382 MEMOIR OF HUGH LAWSON WHITE. 

I affirm that Congress had the power to create these offices, or not, at 
its pleasure. That, when they were created, Congress could prescribe 
the duties of the officers. That, if it had been deemed necessary, Con- 
gress could have enacted that the officers should hold the office during 
good behavior ; but that, if any one of the officers interfered to influence 
the votes of others, in any election, either State or federal, it should be a 
misdemeanor in office, for which he should he dismissed. 

When the bill complained of was under consideration, Congress had 
exactly the same power over the subject that it had when the offices were 
first creating. They might have repealed the law entirely, and thus have 
turned out every one of these officers. 

Suppose, instead of the bill complained of, a bill had been introduced 
and passed, stating that, whereas these officers were in the habit of inter- 
fering to influence the votes of the citizens in elections, therefore, Be it 
enacted, that the law creating their offices should be repealed, &c, would 
your honorable body venture the opinion that such law would have been 
unconstitutional, and that these officers would still have remained in 
office ? I think not. 

On the question of constitutional power, there can be no distinction 
between the case supposed and the bill complained of. If the one would 
have been constitutional, so is the other. 

Prior to the year 1820, these officers held their office during pleasure. 
Congress tken believed many of them had misdemeaned themselves, were 
defaulters, &c. ; and, with a view to provide a remedy, on the 15th of 
May, in that year, an act was passed changing their tenure, and limiting 
each of them to the term of four years, and made them removable at 
pleasure within these four years. Has it ever been thought that act was 
unconstitutional? Not at all. Yet such an objection might have been 
urged with much more force in that case than in this. 

The only reason assigned in your resolution why this bill was uncon- 
stitutional is, that it took from these officers the liberty of speech, and 
the Constitution provides that " Congress shall pass no law abridging the 
freedom of speech and of the press." 

This provision in the Constitution was intended for the safety and 
protection of the common citizen who holds no office. It was foreseen 
that those in office might ah use their trust, and to protect themselves 
against exposure, might pass laws restraining the citizens from censuring 
them, either in speeches or through the press. Now, in your resolution, 
you exactly reverse the matter, and suppose it was intended to protect 
the instruments of the President, who hold office at his will, in their 
endeavors to influence and mislead the people in elections. During the 
administration of the elder Mr. Adams, many complaints were made and 
charges urged, both in speeches and through the press, hy the citizens, 
against him, and those in office under him. With a view to silence the 
citizens, and to maintain and shield those in office, the sedition law was 



JUDGE WHITE S RESIGNATION. 383 

passed. The Republicans, one and all, condemned it as unconstitutional 
and unjust, and they were right in such condemnation. 

Your resolution maintains now, exactly the same doctrines then 
advanced by the federalists. They wished to silence the people, that 
they might retain their places and power, and your resolution seeks to 
allow the officeholders to go forth with all their power and influence, to 
mislead and corrupt the people — obtain their votes in elections, and thus 
retain their offices with all their emoluments. 

Does your honorable body intend to affirm that Congress has no power 
to regulate the conduct of this class of officers ? 

Are they to be allowed to go forth on days of election, and with a view 
to procure votes for the President or his favorites, promise money or offices, 
jobs or contracts, by which much money may be made with but little 
labor ? The officeholder, in making these promises to influence voters, 
would be using his powers of speech, which the resolution affirms Con- 
gress cannot abridge or lessen. If the proposition can be maintained, 
then Congress had better go home, and yield up everything to the Presi- 
dent, and the corps who hold office at his pleasure. 

We will, after a little reflection, perceive that this resolution not only 
unqualifiedly condemns your senators for their vote, but necessarily the 
conduct and opinions of others whom the country has most delighted to 
honor. 

The only reason assigned in your resolution why this bill was uncon- 
stitutional is, that it abridged the freedom of speech. 

If you are correct, how dare Mr. Jefferson, " the Apostle of Liberty," 
in his letter to Governor McKean, use the language he did on this subject? 
Still more, when he came into office as President, why did he dare to 
issue his circular letter, prohibiting this class of officers, on pain of dis- 
missal, from interfering in elections farther than to give their own votes? 

He was sworn to support the Constitution, and if Congress abridges the 
freedom of speech, secured by the Constitution, by the enactments pro- 
posed in this bill, it follows clearly that the President in his circular 
violated the same provision, by pronouncing the like penalty for the like 
offence ? 

I defy any person to condemn the one without condemning the other ; 
unless, indeed, we suppose there is a class of politicians who believe the 
Constitution does not and ought not to impose any restraint upon the 
President. 

I fear such a sect has lately sprung up, and is increasing. It cannot be 
too speedily suppressed. 

The late President, General Jackson, in his inaugural address, when 
"he was fresh from the people," inculcated the same doctrine with Mr. 
Jefferson. "To prevent the patronage of the government from being 
brought into conflict with the freedom of elections, was a duty inscribed 



384 MEMOIR OF HUGH LAW80N ■WHITE. 

in characters too legible to be misunderstood," &c, was the strong lan- 
guage he then used. How was the duty to be discharged ? Did we not 
one and all, believe he would discharge it as Mr. Jefferson had done ? If, 
then, these Presidents could, without violating the Constitution, prohibit 
these officers from interfering in elections, why could not Congress by its 
enactments prohibit them likewise ? 

No satisfactory answer can be given to this question. 

The President already had the power vested in him to dismiss these offi- 
cers at his pleasure ; and Congress unquestionably had the power to limit 
his discretion, by specifying the cases in which he should exercise it. If, 
then, my colleague and I erred on this question of power, with great 
deference I submit that, the company with which our opinions were 
associated ought, at least, to have softened the asperity of the language 
in which our condemnation was pronounced. If there was any one sub- 
ject above all others, upon which I believed my colleague and I could 
not mistake the sentiment of oiar constituents, it was that embraced in 

that bill. 

To prevent the President, through those officers, from interfering in 
elections, was a theme upon which the friends of the late President 
(Jackson) had dwelt most, both in and out of Congress. In 1826, a 
committee of the Senate, of which I was a very humble member, through 
their chairman had made a most able report, the principles of which 
were applauded by the whole party, and by our State in particular. Upon 
them, mainly, General Jackson came into power; he gave them his 
solemn sanction in his inaugural address, in presence of thousands of wit- 
nesses. I had been twice elected after my opinions were well known 
upon this subject, and now, when I endeavor faithfully to carry them 
out, to be unqualifiedly condemned for doing so, and that by those who 
then professed to think as I sincerely did, was what I did not anticipate. 
I am sure that, upon this subject, my practice has corresponded with my 
professions. Still, I should feel degraded if I were to pronounce any old 
associate a traitor, or liken him to Benedict Arnold, because at this time 
he disagrees with me in opinion. 

They are greatly mistaken who suppose the object of this bill was to 
take from this class of officers any right whatever. Precisely the reverse 
was the intention. It was to emancipate them from the slavish bondage 
in which they were held. It was to enable every man of them to vote 
according to the dictates of his own judgment, and to absolve them from 
the painful alternative of being compelled to not only vote, but to elec- 
tioneer for candidates not of their choice, but of the President, on pain of 
dismissal from office. 

The great object was, to prevent the President from controlling the 
people in the choice of their officers, State and federal. This class of offi- 
cers, whose daily bread for their families, depended on executive favor, 



JUDGE WIITTE's RESIGNATION. 385 

were constrained, as a part of their official duty, not only to vote 
as the President wished, but to endeavor to influence others to do so 
likewise. If they did not perforin this duty they were dismissed, and 
•with their families left to starve. An enlightened statesman once called 
them the " enlisted soldiers of the President." 

A politician who knows as well as any other man the motives by 
which men are influenced in relation to elections, says: — " Whenever he 
sees an officeholder interfering in elections, he concludes he is thinking of 
7iis salary and his bread, and is a very unfit adviser of the people." By 
the passage of this bill it was hoped the instruments for misleading the 
people would be taken from the President, that these "enlisted soldiers" 
would be discharged from electioneering duties, and yet receive their 
pay ; and that if they performed the duties of their offices faithfully, they 
might safely vote according to the dictates of their own judgment, and 
yet be secure in their "salaries and their daily bread." 

By your fourth resolution, as one of your senators, I am instructed to 
" vote against the measure heretofore brought before Congress, which 
had for its object, the distribution among the States of the proceeds of the 
sales of the public lands." 

In justice to myself, as well as to my constituents, I must be permitted 
to state the manner in which my mind has operated on this subject at 
different times and under different circumstances. 

When a bill was first introduced, having such distribution as that 
spoken of for its object, I voted against its passage, and in favor of the 
veto of the Chief Magistrate, on the ground that no such distribution 
ought to be made until the public debticas all paid. 

Upon looking into the deeds, by which those lands were ceded to the 
United States, by the respective States, I found that they were conveyed in 
trust to pay out of the proceeds of their sales, our public debt then 
owing by the United States, and that the residue should be for the joint 
benefit of each of the several States, including those making the ces- 
sions. 

At that time a portion of the public debt was unpaid, and I deemed it 
improper to distribute any part of this fund until the debt was fully dis- 
charged, that being the primary object of the donor. 

"When a like bill was afterwards introduced, I not only voted for it, 
but gave it such support as my feeble abilities enabled me. 

By this time the public debt had been fully paid, and we had a very 
large sum in the treasury, beyond the necessary wants of the federal 
government. 

I could not doubt the power of Congress to make the distribution, 
because there was an express trust that this fund should be for the use 
of the respective States ; we had a large sum on hand which I thought, 
in honesty, belonged to the States, and the portion belonging to Tennes- 

25 



386 MEMOIR OF HUGH LAWSON WHITE. 

see, I believed, would be highly useful in enabling her to make internal 
improvements, and in providing a system for the education of those who 
might be unable to bear the expenses of educating themselves. In addi- 
tion to these considerations, I perceived if this large sum was not dis- 
tributed, it would encourage a system of extravagant expenditure incon- 
sistent with the welfare of the country. 

I still believe these views were sound, and that if I committed any 
error, it was not giving my support to the first bill as well as the last. 
I believe it would be unwise, perhaps unconstitutional, for the federal 
government to impose taxes for the purposes of collecting more money 
than is necessary to carry out its affairs, to the end that it might have a 
surplus to distribute among the States : but this fund stands on a dif- 
ferent ground ; it is a trust fund which belongs not to the federal, 
but to the State government. 

The ordinary duties necessary and proper for the regulation of our 
commerce with foreign nations, ought to be sufficient to bring into the 
treasury, as much money as would defray the economical expenses of 
the federal government, and each of the States ought to receive its 
fair proportion of the proceeds of the sales of the public lands. 

I consider Tennessee as honestly entitled to her proportion of this 
fund, as any of your honorable body is to a tract of land devised to 
him by Mb father. 

It appears to me, even at this time, our State very much needs her 
proportion of this fund, and that in a short time we shall be much more 
in want of it. 

Your honorable body may be satisfied that a majority of our citizens 
are willing to relinquish their interest in this fund, but I am not so 
satisfied, and as a senator in Congress, I will not do any act by which 
such an idea is to be sanctioned. 

It may be in the course of a very short time, that this fund will be 
indispensably necessary to save our citizens from heavy taxation, and I 
should never forgive myself, if by yielding to your instructions, I did an 
act which produced a serious injury to the people, who have so long 
honored me with their confidence. 

By the last clauses in your fourth resolution, I am instructed to vote 
for graduating the price of the public lands, and for granting pre-emption 
rights to occupants. 

These instructions correspond with the opinions I have maintained and 
acted on, therefore, I should find no difficulty in conforming to your 
wishes in relation to them. 

In the fifth resolution, your instructions are " to vote for and use all 
fair and proper exertions to procure the passage of a law repealing the 
duties on imported salt." 

This subject has been before the Senate on several occasions since I 



JUDGE WHITE S RESIGNATION. 387 

have been a member, and my votes have ever been in favor of removing 
this duty, .and I should still conform my conduct to my settled convic- 
tion, that my past course on this subject has been correct. 

In your sixth resolution you state, that you " heartily approve the 
leading measures and policy of the Administrations of Andrew Jackson 
and Martin Van Buren, and" instruct "your senators to support in good 
faith, the leading measures and policy, as brought forward and advocated 
by the present President of the United States, and to use all fair and 
proper exertions to carry out, sustain, and accomplish the same." 

The phraseology of this resolution is so general and indefinite, that 1 
am not sure I comprehend the meaning of your honorable body; but 
believe you intend that I shall support all the leading measures of the 
Chief Magistrate, as well those hereafter to be brought forward as those 
heretofore recommended. 

To instructions of this description, I could not with propriety, pay any 
attention whatever. 

Our fathers and statesmen believed they had done much towards the 
security of civil liberty, when, by the Constitution, they divided the 
great powers conferred into three departments, each, in its sphere, inde- 
pendent of the other two. These were the legislative, the executive, 
and the judicial. 

If the powers of any two of these departments should be placed in the 
same hands, the whole machinery of the government is destroyed, and 
the checks interposed are removed. 

You instruct your senators to conform their votes on all the leading 
measures, to the will of the President, who is at the head of the execu- 
tive department. If you have a right to give such instructions, and your 
senators are bound to obey, every other legislature in the Union has the 
6ame right, and their senators would be equally bound to yield obedience. 

Why not let the President at once make the law, and then execute it? 
If we are bound to vote as he recommends, it is a solemn mockery to 
consult us at all. The law would not be the will of the Senate, but the 
will of the President. By this process the whole legislative power would 
be yielded up and surrendered to the executive. 

I have been educated to believe, that continued watchfulness, and con- 
stant jealousy of those in power, are essential to the preservation of 
liberty. 

Your honorable body would now teach me a different lesson, and 
instead of being a sentinel on the watch-tower, to guard the liberty of my 
constituents, I am to betake myself to slumber, examine nothing, but 
vote on all leading measures as the President may recommend. 

If this be the kind of service to which your senators are to be applied, 
I never can perforin it, and feel myself unsuited to a station, which I 
have heretofore considered most honorable as well as confidential. 



383 MEMOIK OF HUGH LAWSON WHITE. 

After your resolutions shall have performed their wonted office and my 
resignation shall have teen received, he/ore electing my successor, I hope 
in your wisdom you will either rescind or expunge this sixth resolution. 
Our common constituents, the free and chivalrous citizens of Tennessee, 
I hope will ever be represented in the Senate by those whose principles 
and feelings are in accordance with their own ; and while this resolution 
is suffered to remain, no man can accept that high station but one who 
is himself enslaved, and fit only to represent those in the Wee condition 
with himself. 

I have now troubled you with all the remarks I deem it necessary to 
make upon your six resolutions, taken separately, but do not feel that I 
will have discharged my whole duty until I have shown the deduction to 
be drawn from them when connectedly considered. 

They contain the political creed of the present Chief Magistrate of the 
United States, as expressed through his friends in the Tennessee legisla- 
ture ; and what is it ? 

By the 2d resolution it is proved he wishes the whole moneyed power 
of the United States vested in him, and subject to his control. 

By the 3d it is proved he will not agree that the patronage and power 
he now exercises shall be either lessened or regulated by law. 

By the 4th, it is proved that in order to have full coffers, he wishes the 
States to surrender their right to the moneys arising from the sales of the 
public lands, and 

By the 6th, it is proved that he wishes Congress compelled to vote for 
every leading measure he may recommend, and I am instructed in good 
faith to give my aid to maintain this creed. 

These instructions I cannot and will not obey. So far from it, my 
creed upon these points is : 

1st. That the power over the public purse ought to be constantly kept 
under the control of the legislature. 

2d. That the patronage as well as the expenditures of the executive are 
already too large, and ought to be reduced. 

3d. That instead of surrendering the rights of the States to any portion 
of the public moneys, they ought to adhere to those rights, and in due 
season provide for a fair distribution of the land funds ; and 

Lastly, for no consideration ought we to agree that any other portion 
of the legislative power shall be vested, either directly or indirectly, in 
the President, save that which is already vested in him by the Constitu- 
tion of the United States. 

At last, no person can help seeing that the difference between your 
honorable body and myself is, that you wish to add to the power and 
patronage of the executive, I wish to lessen his power and patronage. 

On the decision of this contest by the American people, in my opinion, 
the liberty of the country depends. Should your creed prevail, ere long 






judge white's resignation. 389 

the whole legislative power, vested in Congress by the Constitution, 
will be transferred, substantially, to the President, and the only use of 
Congress, will be to stand between the President and public odium, when 
laws are enacted which are disapproved by the people. 

In addition to this, the election of State officers, and State legislation, 
will be regulated according to the will of the executive of the Union. 
Should mine prevail, the States will retain the powers they now possess; 
the powers of the federal government will remain divided into different 
departments in substance as well as form. 

Which of these creeds will best secure the liberty, the happiness and 
prosperity of the people, I cheerfully submit for decision to the Freemen 
of Tennessee. 

In England, this would be the common contest between the prerogative 
of the crown and the privileges of the people. Those maintaining your 
side would be called tories, those maintaining mine would be called 
whigs. 

Here it is a contest between the patronage of the President and the 
right of suffrage of the people. I will not at present give those who 
maintain your creed any name — you may give those who maintain mine 
any one you choose. 

" Names are nothing with me." My motto is, " Principles in prefer- 
ence to men ; " while I sometimes think that of some of my opponents 
ought to be, "Men without principles;' 1 though I would be sorry to 
intimate that such a motto would suit your honorable body. 

I shall trouble you with no further observations on these important 
topics. It has been my aim to state my opinions with candor, and to 
maintain them with firmness ; but, at the same time, to treat your hon- 
orable body with the most perfect respect. 

I was called to the service of my State, fifteen years ago, without any 
solicitation on my part. With reluctance I accepted the high station I 
now occupy. I have been continued in it, perhaps, too long for the 
interest of the country. I have been thrice elected, by the unanimous 
vote of your predecessors. My services have been rendered in times of 
high party excitement — sometimes threatening to burst asunder the bonds 
of this Union — and your resolutions contain the high compliment that 
bitter political opponents can find only a solitary vote worthy, in their 
judgment, of '•'•unqualified condemnation.'''' 

I hope it will be in your power to select a successor who can bring 
into the service of the State more talents — I feel a proud consciousness, 
that more purity of intention, or more unremitting industry, he never can. 

For the sake of place, I will never cringe to power. You have instructed 
me to do those things which, entertaining the opinions I do, I fear I 
would not he forgiven for, either in this world or in the next; and prac- 
tising upon the creed I have long professed, I htn-eby tender to you my 

/ 



390 MEMOIR OF HUGH LAWSON WHITE. 

resignation of the trust confided to me, as one of the senators from the 

State of Tennessee to the Congress of the United States. 

Allow me to add my sincere prayer that the Governor of the. Universe 

may so over-rule our dissensions as to secure the liberty and promote the 

prosperity of our common constituents. 

I have the honor to be, gentlemen, 

Your obedient servant, 

Hu. L. "White, 
Senate Chamber, Jan. 11, 1840. 

After which he proceeded and said : 

Mr. President — I have now finished my task; henceforth, I am to cease 
being a member of this body. I cannot share with former associates, the 
honors, the privileges, or the emoluments of a senator in the Congress of 
the United States. At the same time, I will be relieved from my portion 
of the labors, and from sharing with you the high responsibilities which 
necessarily pertain to the station. 

In taking my leave of you, in the utmost sincerity my prayers are, that 
collectively and individually you may be enabled to pursue a course, 
which will afford you the highest comforts in this life ; and that your 
labors may be so blessed as to secure you the grateful remembrance of 
the present and all succeeding generations. 

His retirement from the Senate is thus described by the corres- 
pondent of the " Knoxville Times : " 

Washington, Jan. 13th. 
The Hon. Hugh L. "White resigned his seat in the Senate to-day. Tho 
Senate chamber was crowded with members of the House, and the gal- 
leries thronged with citizens and strangers attending to see this veteran 
Statesman quit the field in which he had so long and so faithfully toiled. 

Speaking of his letter to the legislature, the writer says: 

It is a most able paper, giving at its conclusion a short review of his 
political life. It was received in the most profound silence, and created 
deep feeling. His remarks on the resolutions of the legislature instructing 
him to vote for and sustain the leading measures of the Administration 
were very severe. Ho then bade adieu to the senators, tendering them, 
individually and collectively, his best wishes for their happiness, and 
remarking he had now no share in the honors of that body, and was 
excused from any participation in its labors. Judge "White's old friends 
went up and shook him cordially by the hand, as he stood by the fire- 









JUDGE WHITES RESIGNATION. 391 

place, in view of every one, and expressed their regret at parting with 
an " old soldier," who had so faithfully served his country. Messrs. Clay, 
Southard, and Preston were among the rest. It was a proud day in the 
history of Hugh L. White. He has left the Senate with the pleasant 
consciousness of having never failed in his duty to the people. His hands 
are not soiled with the public plunder, nor his heart stained with either 
treason or hypocrisy. Had the old farmers of Knox — had the people 
of Tennessee witnessed the scene, how would their eyes have flashed 
with virtuous indignation, and their lips muttered of future revenge ! 

The " National Intelligencer " thus notices Judge White's retire- 
ment : 

The Senate chamber has rarely presented a scene of more solemn 
Interest than that exhibited yesterday by the resignation of Judge White. 
The universal estimation in which this venerable citizen was held by 
men of all parties — his long services — the unquestionable honor of his 
character, and his antique sternness of virtue, combined to make him, at 
such a moment, the object of great and just interest. And well was this 
interest sustained by the able, eloquent, and dignified document, which 
he read to the profoundly attentive Senate. There has rarely been a 
more solemn sacrifice upon the altar of party. 

A correspondent of the " Cincinnati Gazette," writing as a retired 
citizen of Campbell county, thus speaks of Judge White's letter of 
resignation : 

Me. Editor: Although an obscure individual, of a remote spot in 
Campbell County, Ky., there occasionally falls into my hands a news- 
paper, by private conveyance. Some days since a gentleman of Newport, 
Ky., handed me your paper of the 6th inst., in which was published the 
Hon. Hugh L. White's letter of resignation to the legislature of Tennessee. 

This letter of Judge White's is a strong document. It is couched in 
terms which show the great depth of his intellect, and the incorrupti- 
bility of his heart. As an expose of the great political heresies of the day, 
it is pre-eminent. His strictures upon the spirit of the Tennessee resolu- 
tions are so palpable, that the absurdities are made manifest even to " the 
wayfaring man." 

What does the language of the Tennessee resolutions convey, but the 
precise doctrines of passive obedience and non-resistance, which came 
into repute immediately after the abdication of Eichard Cromwell, and 
upon the accession of Charles II. to the throne of England. This vasal- 
age was opposed, indeed, by the enemies of the crown, and here (1660) 
we date the origin of the distinction of whig and tory ; the whigs oppos- 






392 MEMOIR OF HUGH LAWSON WHITE. 

ing the crown, the tories advocating it. But in Judge "White we had a 
senator who was not that pliant sycophant, that, " for the sake of place," 
would yield his principles and become the mere tool of the President. 
Beholding the corrupt and dangerous tendency of the resolutions, he 
spurned, with indignation, their propositions, and by his resignation has 
given Tennessee the opportunity to fill his place with some one more 
flexible and temporizing. But in his response, he has exhibited facts 
which deserve the deep contemplation of every American citizen. He 
has shown that submissiveness to the President's will on the part of our 
legislators, or their constituents, would but presage the wreck of our 
boasted republic. Yea ! it would but augur the speedy destruction of all 
that renders us happy and free. 

When Judge White's letter of resignation was read before the 
House of Representatives of the General Assembly on the 28th Jan., 
General Jacobs moved that the letter be entered at large upon the 
journals, which motion was accompanied by the following remarks : 

Mr. Speaker : I request the indulgence of the House for a single 
moment, while I make a few remarks in relation to the individual who is 
the subject of the resolution which I have just had the honor of submit- 
ting ; to the adoption of which I trust there will not be a single dissent- 
ing voice. 

I wish not, I intend not, sir, on this occasion to arouse a single party 
feeling, or to add a solitary splinter to the political flame which is already 
burning with too intense a heat among us. I should do injustice to the 
distinguished author of the communication which has just been read, as 
well as to my own feelings, were I to attempt to do 60. With the act of 
the majority of the legislature of Tennessee, which has compelled him to 
retire from the Senate of the United States, I have nothing, at this time, 
to do ; it is before the tribunal of the people whom we represent, and it 
is their province to pass judgment upon it. 

In my boyhood, Mr. Speaker, I was taught to reverence the name of 
Hugh L. White, and I have lived to witness the reality of all that my 
youthful imagination had pictured of this truly good and great man. I 
have known him intimately for more than twenty years : I have seen him 
at the bar, on the bench of the Supreme Court of the State, and on the 
floor of Congress : I have known him in the domestic and social circle, 
and in the heat and turmoil of political agitations, and can bear testimony 
to his claims to the character of a profound lawyer, an able and impar- 
tial judge, a consistent politician, a pure patriot, and an honest man. 
I have seen him under circumstances the most trying, and amid afflictions 
the most severe, when one after another of a numerous, most interesting 
and amiable family were cut off in the prime of youth, and yet has he 



JUDGE WHITE'S RESIGNATION. 393 

never been absent from bis post, or swerved from tbe patb of duty and 
rectitude. Bold, firm, manly and independent, both in bis private and 
political department; possessing an intellect, clear, powerful and discrimi- 
nating ; pure, spotless and uncontaminated by the pollutions of party, and 
unawed by the strong arm of power, this venerable statesman has kept 
" the even tenor of his way," regardful only of his country and his coun- 
try's good. He has never cringed for favor, or shrunk from responsi 
bility ; he has never feared anything but dishonor, or loved anything 
better than his country. 

Nor, sir, is his private character less pure and unexceptionable, thaD 
his political career has been consistent and patriotic. The record of his 
private life does not exhibit a single spot or blemish. No violation of 
promise ; no sin of ingratitude ; no act of extortion ; nothing illiberal, 
unmanly, immoral, or dishonest, from his infancy to the present moment, 
can rise up in judgment against him. His friends, his neighbors, his 
acquaintances, all, all revere him; around him are entwined the strong 
cords of their affection, and nothing but the hand of death can uuloose 
them. 

By the deliberate act of the majority of this legislature this incorruptible 
citizen, this venerable patriot has been compelled to retire to private 
life. His political race is run ; and in the course of human events his 
earthly pilgrimage, in a veny few years, will also be terminated; and 
when the waves of oblivion shall have swept over the present, and the 
party feelings and political excitements of the times shall have become 
hushed into a calm ; when the prejudices consequent on this state 
of things shall have been consigned to the "Tomb of the Oapulets," 
and sober, dispassionate judgment and reflection resume their sway, 
full and ample justice will be done his character. He has served his 
country forty years and, in the name of this venerable statesman, and 
incorruptible patriot, and on account of his long and faithful services, I do 
most respectfully ask that this House will spread upon its journals the 
communication which has just been read, that they will admit to record 
this last will and testament of his political existence. 

" The motion was carried by 47 to 26 votes. In the Senate a similar 
motion was made and rejected by a vote of 13 to 11." 

To show that the people did not sanction the course of their represen- 
tatives towards their senators, we have but to read the preamble and 
resolutions adopted by a whig convention which met at Knoxville on the 
10th Feb. 1840. This convention was composed of delegates from the 
various counties of East Tennessee convened for the purpose of nomi- 
nating electors for the districts of East Tennessee and the State at large. 
Judge White's name was placed upon the latter ticket ; and that, together 
with the other proceedings, certainly may be considered an indication 
of the sentiments of the people whom he had so long and faithfully 
served. 



394 MEMOIR OF HUGH LAWSON WHITE. 

Whereas, we have recently seen with mingled feelings of regret and 
indignation, an old, faithful and well-tried public servant, the greater 
portion of whose life has been spent in the councils of his country, pro- 
scribed by the blind, infuriate zeal of faction — therefore, 

Resolved, That the Hon. Hugh L. "White be invited to meet his East 
Tennessee friends in Knoxville, at such time as may suit his convenience, 
and partake with them of a barbecue, to be prepared for the occasion. 

Resolved, That the president of the convention express to Judge "White 
the kind feelings and grateful recollections of the members of this con- 
vention, and tender to him the invitation to the contemplated festival. 

Resolved, That a committee of thirty be appointed by the president, to 
superintend the necessary arrangements for the proposed barbecue. 

The preamble and resolutions were adopted, but Judge "White's health 
was too feeble on his return home to accept the flattering and kind invi- 
tation and receive the gratulations of his many warm friends. But ho 
placed the highest estimate upon their attentions. 



CHAPTER XVII. 

WASHINGTON DINNER! SPEECHES OF JUDGE WHITE AND OTHERS. 

A few days after Judge White's resignation a dinner was given 
him in Washington City, as a last mark of affectionate respect from 
those with whom he had been so long privately and politically asso- 
ciated. To give an adequate idea of this deeply interesting scene, a 
sketch of some of the speeches made on the occasion by distinguished 
men, as well as of that of Judge White himself is here inserted. Mr. 
A. R. Humes, at the expense of some time and much trouble, col- 
lected copies of these proceedings and transmitted them to the 
" Knoxville Times " for publication. Below is an extract from his 
communication on this occasion. 

Washington, Jan. 18th, 1840. 

The public dinner, given yesterday in honor of Judge White, was 
attended by many of the most illustrious and distinguished men of whom 
our nation can boast. It was one of the grandest exhibitions of varied 
talent ever witnessed on a like occasion. The several impromptu, 
speeches abounded in sallies of wit, the keenest satire, and the richest 
classical allusions. 

About one hundred and fifty were present, principally members of 
Congress. 

At 8 o'clock, the company was ushered into the splendid hall at 
Brown's hotel, and when Messrs. Clay and Preston entered with their 
distinguished guest, the " National Band " struck up the inspiring air of 
"Hail Columbia." 

It was indeed a scene of melancholy and imposing grandeur. By the 
patriotic Tennesseean, it would have been witnessed with the most con- 
tradictory emotions. To see the father of his State dishonored in his 
old age, by the blind infuriate zeal of party ! To see the man who had 
achieved for Tennessee a just and honorable fame! — "the noblest 
Roman of them all" — a willing victim upon the altar — preferring ban- 
ishment from office, to the desertion of principle — he would have most 
.deeply felt that the true glory of his State was indeed eclipsed for the 
moment. 

395 



396 



MEMOIR OF HUGH LAWSON WHITE. 



The Hon. William C. Preston presided ; at Lis right and left were 
seated Hugh L. White and Henry Clay. One might easily have believed 
that he lived in times equalled only by the best days of the republic of 
Rome for here were senators of more than Roman virtue. There stood 
the aged Cato with the crown of martyrdom on his head — banished 
from the councils of his country, yet firm to his faith, and inflexible in 
truth. 

Messrs. Davis of Massachusetts, Biddle of Pennsylvania, Gen. Walter 
Jones, Col. George Washington of Maryland, and Mr. Corwin of Ohio, 
acted as vice-presidents on the occasion. 

It was indeed a brilliant scene. The rich chandeliers threw a blaze 
of light over the extensive room, which was tastefully decorated with 
evergreens, and wine gushed forth from the bottle, and mirth from the 
heart. 

But there was yet higher banquetting. 

Mr. Preston, the president, said : — 

" I rise to perform a very agreeable duty. We are here to do honor 
to a man whose private worth has commended him to our affections, 
and whose public services challenge our approbation and gratitude. The 
vicissitudes of public life have removed him from a high station, which he 
has long filled in such a way as to honor it, as much as it had honored 
him. He ascended to it through various gradations of public service, 
both in his own State, and in this government — at each step displaying 
an assemblage of high and useful qualities — of virtues and of talents, 
which showed him capable of a still more extended sphere. 

His life has been a pattern to statesmen of an honest and unflinching 
adherence to principle. He came here to Washington, the loved and 
honored favorite of a great and dominant party, who had the power, and 
the inclination to gratify all that his ambition might have aspired to ; 
but when their policy no longer conformed to his judgment, he surren- 
dered at once the smiles of power for the duties of patriotism. 

The purity of his motives is vindicated by the fact, that he left the 
strong for the weaker side. The vigor of his patriotism is shown, by his 
willingness to incur for the sake of his country, the displeasure of a friend in 
the moment of his power, to whom, in every variety of his fortune, through 
a long life he had adhered with a romantic fidelity. He quitted the palace 
for his principles, he gave up the court for his country. He did not 
believe that a palace sanctifies what without its walls was reprehensible. 
He was of sterner stuff than to 'crook the pregnant hinges of the 
knee,' where ' thrift might follow fawning.' With a noble self-sacrifice 
he pursued the steady tenor of his principles wherever they led him, and 
has permitted me to present his name to you. I doubt not it will so 
stand in after times : — 

" Hugh L. White. —The man and the statesman, without fear and without reproach." 



FAREWELL DINNER AT WASHINGTON. 397 

These remarks were delivered in the most finished style of oratory, and 
when Mr. Preston pronounced the above sentiment, its reception was 
hailed with loud and continued " huzzas." But when the venerable form 
of that veteran statesman, to whom it was addressed, was seen rising 
from his seat, the welkin rung with " yet a louder, and a louder strain." 

Mr. White rose and said : 

" Gentlemen : The most eloquent response I could make to the senti- 
ments contained in your toast, would be to remain entirely silent. No 
language of which I am master, can convey an adequate idea of the emo- 
tions produced by the expression of such sentiments, and the man- 
ner in which they have been received by this large and respectable 
assembly. At a time when I am banished from the service of my country, 
without any hope that I can be longer useful to any man, to find myself 
surrounded by so many men, whose friendship and countenance, any man 
in any age or country, in possession of the most extensive power, would 
justly feel proud of, overwhelms me. Thanks, from my heart, I return 
you, and it is probably the only return I can ever make, for your kind- 
ness and attention. 

" "Were I to go alone from the service of the public, I could find but little 
to regret. My country would be more ably served by some one who has 
seen fewer years. [Cries of 'never! never!'] Now in my sixty- 
seventh year, the last thirty-eight almost wholly spent in some public 
employment, little more could be expected of me ; but, for the sake of 
reaching me, my late colleague must be made a victim likewise. [Cries 
of ' shame ! shame ! '] He had served his State but one session in the 
Senate, and I think all now present, who are acquainted with him, will 
agree with me in opinion thot no man who has entered that body in our 
day, made more friends in the same length of time. [ l No ! none.'] A 
man of the strictest integrity, with a mind highly endowed and well 
cultivated, aided by manners pleasing to all with whom he associated, of 
untiring industry, and in the vigor of life ; had he been spared, his State 
and the country at large, had much to hope from his labors. For myself, 
I am proud that my State can, in my person, produce yet one man willing 
to be made a sacrifice rather than sacrifice his principles^ [Nine cheers !] 

Mr. White continued — " One thing may yet be permitted to me, and that 
is to beseech my State that when, hereafter, that " monster, party spirit," 
shall call upon her to furnish a victim for the altar, she may spare her 
younger sons, and let loose her blood-hounds upon some man already 
worn out in her service, who may be found willing to be offered up as a 
sacrifice, rather than stamp as hypocritical his former professions." 

He next alluded to his separation from the late Administration, and 
said — " When my countrymen asked the use of my name, as a candidate 



398 MEMOIli OF HUGH LAWSON WHITE. 

for the Presidency, and I gave my consent, my destruction was decreed, 
and how was it to be effected? In no way but by driving me from the 
Administration; and how was this to be accomplished? I would not 
and did not abandon any one political principle, I had ever professed. 
The separation, therefore, could only be brought about by the Adminis- 
tration changing its practice in relation to every great subject, except 
that of removing the Indians. It did so, wheeled to the right about, and 
I kept on, directly in its former course." 

[Mr. White was here interrupted by loud bursts of applause and con- 
firmations of his statement.] 

He continued — " That branch of the public service in which I labored 
most, related to the Indian affairs. In that I, and the late Administra- 
tion, had stuck together to the last, and the Indians are mostly removed 
from Georgia, North Carolina, Tennessee, Alabama, Mississippi, Louisiana, 
Missouri, Illinois, Indiana, Ohio, and Michigan." And he asked, with 
boldness and emphasis — " Who dare charge me with failing to give my 
best support both to the late and present Administration, on that great 
and interesting subject? Upon this subject, I willingly leave my charac- 
ter, to be settled by the testimony of my colleagues, upon the committee." 
[A voice from a senator — ' I am a witness.'] 

" I am thankful to my State, that she permitted me to remain here, until 
her Indians were removed, and our lands brought into market, so that 
the State is now receiving into her treasury the proceeds of their sales." 

[It is well known that Mr. White has long been the able chairman of 
the committee on Indian affairs.] 

" There is yet a most important part of the great plan to be accomplished, 
and that is establishing a plan for their government, by which they can 
be made secure among themselves, and the neighboring whites rendered 
safe from any of their depredations, and one upon which they can be 
civilized and christianized. 

"This latter object the committee have endeavored to accomplish. 
They have for several sessions, reported a bill, and had it passed in the 
Senate. They at first had the aid and sanction of the Administration for 
the measure. Now, however, it has got off the Jackson track, (laughter) 
and is discountenancing the measure, and what the President wishes 
done, the Lord only knows. (Loud laughter.) I do not know, and he 
has not deemed it necessary, in his labored message, to give us a useful 
hint upon the subject. 

" A high responsibility rests upon the executive, and to my old asso- 
ciates I say, if this subject be not faithfully attended to, and delicately, 
as well as ably managed, we will, I fear, ere long witness the blaze of 
war, from one end of our southern frontier to the other. 

" Before the year closes a Chief Magistrate is to be elected for four years, 
succeeding the 4th March, 1841. Since the respective parties have agreed 



FAREWELL DINNER AT WASHINGTON. 399 

upon their candidates, I have amongst you, said nothing as to whom I 
should prefer. 

" Upon this subject I do not wish to be non-committal. Neither of the 
gentlemen named would have been my choice. I would greatly have 
preferred the distinguished gentleman from Kentucky, now near me. 
(Mr. Clay bowed — the whole company rose as by one impulse, and gave 
three deafening cheers at the mention of this great man.) 

"Upon some subjects, he and I did not agree ; but upon the same points, 
I disagree with the present Chief Magistrate also. Most of these have 
now ceased to be practical. Upon the great subjects now practical, I 
coincide heartily with that gentleman, and disagree with the present 
incumbent. Had he continued a candidate, I would have given him a 
cordial support. His talents, integrity, and past services, in trying times, 
at home and abroad, entitle him to it. His qualifications are of that 
order which would have made me feel my country safe, under his admin- 
istration. He would have been as great, if not a greater man, than any 
one called to his aid, and therefore could not have been misled by any 
pretended friend, in or out of his cabinet. 

" I once exerted myself in favor of an intimate acquaintance, in whose 
honesty, decision, and knowledge of human character, I had unbounded 
confidence. I believed a defective knowledge of what was in books, 
could be supplied by calling in the aid of enlightened and honest mea, 
and thus the well-being of the community secured. 

" I was disappointed, and determined never again to make such an 
experiment. 

" General Harrison is by birth a Virginian; his father was a patriot, 
and signer of the Declaration of Independence. At an early age he joined 
the army, and was distinguished under the gallant Wayne. Preceding 
and during the last war, we find him battling with the savage foe at 
Tippecanoe; then with the combined British and Indians at Fort Meigs, 
and finishing in a blaze of glory at the river Thames. 

" These important services, no man can doubt. Real and documentary 
testimony establish them beyond contradiction. 

" In the civil department, his services have been still more useful. He 
was governor, and superintendent of Indian affairs, north west of the 
river Ohio, over a tract of country of immense extent. Look at your 
Indian treaty book, and you will find him the able negotiator of many 
Indian treaties. He was a delegate jn Congress, a member of the House 
of Representatives, and afterwards, a member of the Senate, and finally 
a minister, to represent us in Spanish America. 

'•' In each of those stations, he was useful and conspicuous. He probably 
had control of millions of dollars of public money, and not one dollar did 
he squander or misuse. He gives the highest evidence of honest integ- 
rity. Although frugal, he is poor — with not more ready money than his 



400 MEMOIR OF HUGH LAWSON 'WHITE. 

necessities require." [M"r. White here said, he had detained the company 
long enough. Cries of "No! no! goon! goon!"] 

He continued — " What are the services of his opponent, in military or 
civil life? lie has been long a public man, and I wish I could find one 
of his friends, who could point me to any one, great measure, beneficial 
to his country, of which he was the author. In, and of himself he is 
entitled to less standing than almost any one of his party who is at all 
distinguished. 

" Take from him the importance he has acquired, by glueing himself to 
General Jackson, and there is nothing of public character left, which any 
man need envy. He is a feeble glimmering rushlight, which when the 
sconce of General Jackson, from which we have a bright reflection, is 
withdrawn [roars of laughter] nothing is left, by which anything useful 
can be discovered. 

" When we are to choose men for office, we commonly judge of what they 
will do by what thay have done. As General Harrison has been found 
honest and capable heretofore, I am willing to trust him again. As he 
has often risked his life for the country, I am willing to risk my vote for 
him. [" So are we ! so are we, all /"] 

u With a heart full of gratitude for all past kindness, I have one last 
favor to ask — that you join me in the sentiment with which I close : — 

" Our country — May every whig stand prepared to be offered up, as a sacrifice for the wel- 
fare of the republic, in preference to witnessing the sacrifice of the public interest, to the 
aggrandizement of selfish individuals." 

This is but a faint outline — an imperfect sketch — of the eloquent 
remarks of Judge White. They were received with marked interest and 
the most enthusiastic applause. 

Having taken his seat, his friends and fellow statesmen thronged 
around him once more, to shake the hand of him whom they loved to honor, 
and whose public services, if denied him by his own State, demand the 
gratitude of our common country. 

Vice President Davis was then called upon, and Massachusetts was ably 
represented. After a few brief and appropriate remarks, he said — 
" that the old Bay State, had gotten drunk on fifteen gallons, but was just 
getting sober." He alluded, in a glowing strain, to the mists that 
shrouded Bunker Hill — but they were soon dispersed. It is true, that 
clouds now overshadow Massachusetts, but they too would soon be dissi- 
pated, and the whigs again would triumph. 

He concluded by offering the following sentiment : — 

" The great West— She has unfurled her banner in the Great Whig Cause ; as she goes, so 
goes the Coimtry." 

Loud and repeated calls were here made for Mr. Clay from every 



FAREWELL DINNER AT WASHINGTON. 401 

quarter of the room, and when he arose, he was greeted with thun- 
ders of applause. 

He spoke, with deep feeling, of the occasion which had called 
them together, and delivered a most eloquent and appropriate eulo- 
gium on the character and virtues of the late venerable senator. He 
denounced with an unsparing hand, the ruinous policy of the past 
t\ and present Administration, and briefly alluded to General Jackson 
j j as " the distinguished person of the Hermitage." He referred to the 
Harrisburg convention, and said that the result of the deliberations of 
that enlightened body, met his most hearty and cordial approbation. 
In conclusion, he gave a sentiment : — 

" May Tennessee yet learn to honor and do justice to her distinguished son, whom by her 
mistaken course, she has compelled to quit the councils of his country." 

Mr. Clay's remarks, though few, were received with great and 
universal acclamation. They were worthy of him and of the occa- 
sion. 

Mr. Preston was here called upon, and in addition to his intro- 
ductory speech, made some eloquent remarks, which I regret for the 
present I am unable to furnish you. 

Vice-president Corwin of Ohio, being called on by the president, 
rose and said : — 

lie responded to the call with feelings of mingled triumph and regret. 
He had listened to the noble and patriotic sentiments which an honored 
guest (Judge White) expressed with no common interest. Mr. President, 
said Mr. Corwin, a great ethical writer of integrity, has said that the noblest 
sight ever exhibited to the eye of man, is that of a great patriot strug- 
gling and falling with the falling institutions of his country. We see 
before us, one of the oldest, most beloved, and faithful of the American 
patriots of our times, nobly sacrificing station, and power, and the means 
of serving his country in its public councils, to his own stern regard for 
a great principle. We see him driven by his old associates, either to for- 
sake his and their former principles, or himself to surrender the station 
he holds in the public service. He has not hesitated, sir! if lie had, he 
would have proved false to his owu history, false to his country, false to 
himself. It is melancholy to see selfish faction, combined with execu- 
tive power thus even temporarily successful, in their most unhallowed 
purposes. Still, as I have said, sentiments of triumph are inspired 
when Ave behold such martyrs falling in our cause. If human nature is 
not changed, if past history has not ceased to instruct in the future, then 
such a cause as ours, so sanctified by principle, so consecrated by sacri- 

2G 



402 MEMOIR OF HUGH LAWSON WHITE. 

fice, so illustrated by the men who sustain and adhere to it, mmt triumph. 
Sir, I only rose to express in a few words, my hearty and sincere 
concurrence in the sentiments of high regard for our venerable friend 
(whose retirement has called us together), which have echoed from every 
quarter of this crowded hall. A gentleman from Massachusetts has to- 
night alluded to the banner of our party lately unfurled in the " great 
"West." As a citizen of the West, I cannot but feel some pride that the 
standard-bearer of that host of battle for constitutional liberty, is taken from 
amongst the citizens of my own State, and let me assure you, Mr. President, 
let partisans from any quarter say what they will, throughout the whole 
extent of that great "West, victory, proud and complete victory awaits 
that flag. Mr. President, we have met here to do honor and homage to 
one who has nobly sacrificed self to duty, who has turned away from old 
friends and clung only to his country. Sir, I see before me others, who 
in a sphere less conspicuous, but with a courage not less unyielding and 
steady, have fought the same battle, and conquered. Men, who, in oppo- 
sition to great names, and what was thought overwhelming influence, 
did not hesitate, when their country called, to defy names however great, 
influence however powerful, and old associates however strong. Sir, 
when I look around this hall, and over this country, I see in our cause, 
and those who sustain it, the sure indications of future and speedy tri- 
umph. I remember, sir, when a boy, to have listened with strong inter- 
est to the narrative of one who had been present at the battle of the 
Kapids, where Gen. "Wayne finally vanquished the Indian forces in the 
North- West, and gave peace to a widely extended frontier settlement. 
The old soldier said, that whilst the battle was raging hottest, many in 
that wing of the army where he was, were beginning to falter and 
think of a retreat. Just at the moment when this feeling began to be 
prevalent, a young lieutenant, who was known as the confidential aid, of 
old Mad Anthony, galloped up to the line and called to the men, with 
a voice that was heard above the roar of battle : " Onward ! my brave 
fellows ! the enemy is flying, one fire more and the day is ours." Sir, that 
young lieutenant was William Henry Harrison, now, the bearer of that 
glorious banner under which we wage war against usurping power, 
crafty peculation and blind hostility to the good old maxims of our 
fathers. There are our foes — there are our country's foes ; let me exhort 
you in the language of the young lieutenant—" One fire more, and the 
day is ours !" 

Mr. Evans of "Maine being called upon, said : — 

He appeared there in a representative capacity, and although he was 
not generally much in favor of the doctrine of instructions, especially 
practised, as it has been, to drive from the service of the country, at a 
critical period of its affairs, one of the most venerable, distinguished, and 






FAREWELL DINNER AT WASHINGTON. 403 

useful of its public servants, yet he acknowledged and would obey the 
instructions, which he (Mr. E.) had received on the present occasion. 

It happened, Mr. Evans said, that although he was anxious to unite in 
this testimonial to the worth of the honored guest of this evening, ho 
accidentally, had expressed his determination in the hearing of a fair 
friend, just before coming to the hall, not to obtrude any remarks or 
sentiments of his own, upon the attention of the meeting. To this, the 
lady to whom he referred made decided objection, and finally laid com- 
mands on him, in her behalf, to express the sentiments, which according 
with his own she entertained for the public character and private worth 
of the distinguished guest, in whose honor we are assembled. The 
friend in whose behalf he spoke, was a lady of great classical and his- 
torical attainments, of varied learning, of accurate taste, and just percep- 
tion of the appositeness of comparisons — and her first thought was to 
propose a sentiment, alluding to the ostracism of the Just, from the city 
he had served so long, and faithfully. Yet a moment's reflection sug- 
gested the thought, that the allusion was so obvious, that doubtless it 
would occur to many others also, and would be frequently made during 
the evening. We, therefore, acknowledging the great propriety of the 
comparison, concluded to abandon the idea of designating the honorable 
senator as the Aristides of the Republic. The event has proved the 
accuracy of her observations, for the allusion has been made more than 
once already, and all of us perceive its propriety. 

It then occurred to her, to apply to our venerable friend, the cognomen 
of the Cincinnatus of our Commonwealth. To which I objected, as we 
had already appropriated the title to another, whom, by the blessing of 
God, the people of these United States designed to call, not many months 
hence, from his farm, on the banks of the beautiful Ohio, to the executive 
mansion, and the executive duties, here. My objection was deemed 
valid. 

My learned friend then suggested that in the ingratitude of the Repub- 
lic toward this eminent servant, he bore resemblance to Bclisarius, among 
the last and most distinguished sons of the Ancient Mistress of the world ; 
but we could not bring ourselves to confess, even so remotely, that our 
country was yet in its last days of degeneracy and corruption. "We 
looked forward to the day, now dawning, when the pristine virtues of 
our country would again be restored and illustrated — a day which our 
aged guest, we trust, will be spared to see and rejoice in. 

Coming down to later days, and regarding the purity of the character 
of our friend — knowing that he was without fear, and without reproach, 
and if he is now to fall, he falls with his face to the enemy, it was sug- 
gested to me, that allusion might very appropriately be made to the 
celebrated chevalier of the sixteenth century, the Chevalier Bayard, and 
this was the sentiment I was instructed to offer. Anticipating, however, 



404 MEMOIR OF HUGH LAWSON WHITE. 

from the manifest fitness of the allusion, that some other gentleman 
might propose it, before I should have the opportunity, as has in fact 
happened, and to guard against being unprepared, in such an event, 
various other references were suggested. In recalling to mind the history 
of eminent patriots, statesmen, and philanthropists of other days, wherever 
worth, public and private, integrity without blemish, patriotism pure 
and unalloyed, had appeared among men, or many points of resemblance 
existed, to which reference could be made, so much of all that was glori- 
ous and valuable, and praiseworthy in human character, and conduct, 
had been displayed and developed in the life of the eminent statesman 
who is about to leave us, that the great difficulty was from which to 
select. 

We thought of Pericles, of Themistocles and Oato, and of the wise and 
good of later days, but circumstances in the life of each, rendered the 
allusion not, in every particular, literally correct, without some alteration. 

Finally, not to be tedious, I was reminded of the expression of the mother 
of Brasidas, over his dead body, which had been brought home from the 
battle, where he so gloriously fell. It was the answer of a Spartan 
mother. Tennessee may, in some respects, in the coming contest be our 
Sparta, and although I see around me distinguished men of that State, 
and others I know to be in the field not now here, they will excuse me, I 
know, in the sentiment I was charged to offer, for altering somewhat the 
expression of the mother of the Spartan hero. 

Our Honored Guest. — "Sparta hath ne'er a worthier son, than he." 

A sentiment from General Thompson, of South Carolina, elicited 
the following remarks from Mr. Habersham : 

Mr. President: The honor which has just been conferred upon me, 
was so wholly unexpected, that I feel myself entirely unprepared to make 
a suitable acknowledgment. I feel, however, that that compliment was 
rather extended for the State which I here in part represent, than for 
any merit of my own. It is a fact which may have been forgotten by 
many, perhaps by most of the gentlemen at this table, that in the great 
contest for the Presidency some three or four years ago, Georgia was 
almost the only State which cast her vote in favor of the venerable and 
distinguished man whom we have met here to honor. Sir, I took part 
in that contest in behalf of that venerable man, and battled in the ranks 
of his friends. Sir, as I have said, Georgia stood almost alone in her vote 
for that individual. She stood so, in support of that great principle 
which she has so often carried out into practice — the great principle of 
nullification. I mean nullification in its only true and legitimate mean- 
ing : the principle of sustaining the Constitution and the law, a* passed 



FAREWELL DINNER AT WASHINGTON. 405 

in pursuance thereof. Yes, sir, she stood in his support to maintain that 
principle, as for as circumstances would permit. 'Tis true, that this 
venerable guest had opposed that principle as acted out in South Caro- 
lina ; but of the candidates then presented to our choice, he was in our 
opinion, the man most likely to stem the torrent of corruption, to main- 
tain the rights of the South, and the integrity of our beloved Constitution. 
He had not promised " to follow in the footsteps." 

Sir, on this principle I and my friends had dared also to stand forth in 
maintenance of Carolina, in her great struggle for Constitutional rights — 
in that struggle, we had fallen into a minority in our own State, and the 
victory obtained in behalf of Judge White, was the first which graced our 
banner, after a long series of defeats. 

In maintenance of that principle Mr. President, once so dear to your 
own beloved State of South Carolina, I was sent here — and to maintain 
it, I have come here. Yes, sir, I and my colleagues have maintained it 
in an assembly here, more noisy and boisterous than this, composed of 
the representatives of twenty-five States and the sixth of a State. "Wo 
maintained New Jersey, by our vote, in her struggle for those Constitu- 
tional rights of which she has been robbed. We maintained the prin- 
ciple in our vote in behalf of the Constitution and the laws passed in 
pursuance thereof. 

I little dreamed, sir, when I came here, of the scenes I was about to 
witness. In the one hall I saw, as it seems to me, a majority of the 
representatives of the people, trampling under foot the sacred compact of 
our Union. From that hall, I passed into the other, at the further end 
of the Capitol, and there again, I witnessed a scene, which was enough to 
make the heart of any man bleed, who respected the sacred institutions 
of his country. I know not that I have ever had my feelings so deeply 
excited, as in witnessing the retirement of our venerable guest from his 
seat in the Senate, which he had so long honored. Sir, he was at that 
moment obeying the mandate of his legislature; and, however I may 
differ with him on the right of a legislature to instruct, I could but com- 
mend him, for he was acting honestly, and carrying out the principle 
which he himself had always maintained. Sir, in my humble opinion, 
this doctrine of instruction, as now insisted upon and practised, is 
destructive of that permanence and independence which the Constitution 
intended to secure in the Senate; I maintain the right of the people to 
instruct — but it belongs solely to the people in their sovereign capacity 
when met in Convention. The legislature is the mere agent provided by 
the Constitution to elect a senator — he is elected for six years — the legis- 
lature for but one. He represents the sovereignty of the State in the 
Councils of the Union — they, the sovereignty of the people, to make 
laws for the States ; they are both agents for the people of the State — 
neither the Constitution nor the people have given to the legislature the 



406 MEMOIR OF HUGH LAWSON WHITE. 

right to dictate to, or to control the senator. That right the people have 
reserved to themselves, to he exercised in Convention ; and the attempt to 
instruct a senator is an usurpation by the legislature, of the right 
reserved to the peopjle. The senator is not the agent of the legislature. 
The legislature is but itself an agent of the people for certain purposes 
specified in the Constitution of the State. The senator is the agent, and 
rejwesentative of the sovereignty of the State in the Senate of the Union, 
and is only hound by instruction from that sovereign body, the people 
of the State, to whom alone the right belongs, and by whom alone it can 
be exercised. 

But, sir, that venerable man, that honest man, felt himself bound to 
obey the instructions, and there, in that Senate Hall, I saw him standing — 
his grey locks streaming over his shoulders — a tear, not of weakness, but 
of deep and manly feeling, trembling in his eye — there he stood, while in 
tremulous tones of the deepest feeling, he took, perhaps, a last leave of 
the associates with whom he had so long acted. It almost seemed to me 
as if that tear was about to fall upon the very ashes of the Constitution. 
It seemed to me as if the last pillar of the Constitution was about to 
crumble into dust — I almost imagined, that I saw " the hand-writing on 
the wall." But God in his mercy has given us time for repentance — He 
still spares us from the wrath of his mighty indignation. 

Thus, at both ends of the Capitol, in that self-same hour did I witness 
what seemed to me, the utter destruction of the great compact of our 
Union. I have done — I did not expect to make a speech at this board, 
and was utterly unprepared to do so. I do trust that our honored guest 
may live long enough to allow his State to do him justice by sending him 
back to his old seat in the Senate. I give you, sir, 

The Hon. John Bell of Tennessee. — The man who had the courage to grapple with the lion 
in his den. 

Mr. Biddle, on a call from the president, alluded to the terms in 
which that honorable gentleman had himself deprecated, and for some 
time eluded, a similar call on the plea of shrinking from an attempt 
to follow the eloquent addresses that had been heard. 

It looked a little like mockery, after a noble addition to the formidable 
list, to turn round and make the present requisition. Yet he (Mr. B.) 
was willing to believe that the feeblest echo of the prevailing sentiment 
might prove acceptable to the enthusiasm around us. He must, in can- 
dor, admit that he had no other sentiment about him — absolutely none — 
but the absorbing one of the evening — profound respect,' and he might 
add affection — for him whom they had assembled to honor. 

It is not known, perhaps, said Mr B., even to that gentleman himself, 



FAREWELL DINNER AT "WASHINGTON. 407 

that he and I, sixteen years ago, were fellow-laborers in the same politi- 
cal struggle, Yes, sir, in 182-4, I was amongst the ardent supporters in 
Pennsylvania, of Gen. Jackson for the Presidency. "We were not led 
away merely by military renown. "Who has forgotten the lofty and. 
noble principles of action announced in the memorable letters to Mr. 
Monroe? These letters were surreptitiously obtained and published to 
do him prejudice, yet, what a trumpet-note of hope to the young and the 
sanguine ! — What blessings, in the perspective, upon our beloved country, 
when party, with all its vileness, its profligacy, its fraud, its idolatry, itd 
proscription, was to be trampled into dust with an iron heel ! 

It is not a little curious to look back and recollect who, at that period, 
were the most bitter and vindictive in their opposition to Gen. Jack- 
son. "Whose ridicule was most pungent at his pretensions ? Who loudest 
to declare that his election would be a curse to the country? Sir, they 
were the mere party hacks, the professional politicians, who found mat- 
ter for alarm in the very freshness, purity, and ingenuousness which 
seemed to breath in every line of those letters. He was not a safe Presi- 
dent for them. Can it be denied that the men who thus reasoned, and 
with whom, in Pennsylvania, we had to struggle, were afterwards rallied 
to the contest by Mr. Ritchie in the South, Mr. Van Buren in the North, 
and Mr. Benton in the West ? His supposed virtues were a terror, and it 
was not then ascertained that his foibles and his passions could be turned 
to profitable account ! 

Sir, I well remember how often, in those days, the name of Hugh L. 
"White was upon our lips. "When Gen. Jackson was denounced as a man 
of violence and outrage, we pointed to those who were known to be his 
closest friends, his most confidential advisers, and whose characters 
afforded a guarantee for the manner in which public affairs would ba 
conducted. Need I say that foremost on the list was Judge White? All 
had heard of, and revered, a name identified with profound wisdom, lofty 
honor, and ardent patriotism. The severe and fixed simplicity of his life 
was believed to furnish the best security that human frailty afford, 
against mutability amidst the temptations and blandishments of prosperity 
As a commissioner under the Florida Treaty, his reputation had, of late, 
been more widely diffused, for indefatigable industry, unerring judgment, 
and spotless integrity. It was known too, that his high spirit (of which 
some flashes had been seen to-night) would for ever prevent his becoming 
a tool of power, or being approached by grovelling and sinister influences. 

At the end of sixteen years, I am in the presence of this man ! And 
how crowded with great events are these memorable years ! Who are 
now to be found in the pride of power and place, under the protection of tL . 
name of Jackson? The very spoilers who trembled at the lofty aspira 
tion of his outset; but who found, at length, with the cunning of thelt 
tribe, that by ministering to his passions he could be made to minister t« 
their interest and advancement. And where is our guest ? The same as 



408 MEMOIR OF HUGH LAW80N WHITE. 

in 1824, unchanged, unchangeable ; faithful amongst the perfidious ; pure 
amongst the sordid ; the victim of his virtues, with the crown of martyr- 
dom upon his brow ! 

Sir, it cannot be that such triumphs over integrity and moral worth 
are to be perpetual. In those days of the revolution, to which our vene- 
rable friend lias so touchingly alluded, the prospect often seemed darker 
and more appalling. At Brandywine, our fathers had to give way before 
Howe — backed as he was by the corps of Hessians, under Kniphausen, 
and Count Donop. The Capital was taken. And may we not take it 
as an omen, that he who in after years became the . guest of the nation, 
was on that occasion trodden upon under foot by mercenaries, and des- 
perately wounded, yet lived to take part in the great triumph at 
Yorktown ? 

Mr. President, it is not for us, as I very well know, to read lessons to 
the gallant State of Tennessee. Her spirit would take fire. She will 
permit no interference with her domestic differences. It is for her and 
her only to say, how she will regard this attempt to stigmatize her 
venerable statesman in the high presence of this whole Union. Denunci- 
ation from us would but wound the ear of our honored guest, who kindles 
at even a sarcasm against Tennessee, from the lips of strangers. He has 
told us that he goes home with no rankling in his bosom, but to seek 
repose and a final resting-place : — 

" An old man broken with the storms of State, 
Is come to lay his weary bones among ye ; 
Give him a little earth for charity." 

Yes, he asks but for a little earth — yet it must, in charity, be the earth 
of Tennessee. He would fain take his last sleep amidst those hills and 
streams and valleys that he loves so dearly ; where each inanimate object 
may often times cast back the glow of other days upon the dullness of 
age ; and where stands, in sacred privacy, the domestic altar at which 
his heart has ministered from youth upwards ! No, sir, no ! this is not 
the place for invective. Yet may we not hope that a better and a kinder 
feeling will spring up ? Can it be that this savage cry of exultation 
over prostrate integrity, is to be for ever heard ? Can it be that, while 
the hearts, even of strangers, weep at this spectacle of degradation, it 
shall be gloated over in triumph by those who are the friends, the neigh- 
bors, the daily companions of the victim ? I will not believe it. 

Our excellent guest is about to leave us. Let him on his return, 
appeal, I will not say from Philip drunk to Philip sober, but from the 
Jacksonism of 1839, to the Jacksonism of 1824 ! Can we doubt that on 
such an appeal, justice, good faith, consistency, fidelity to principle, may 
be triumphantly rallied ? Sir, I will not despair ; and, in view of such a 
resurrection (if you will pardon the term) I propose to you 

" The Future State of Tennessee." 



CHAPTER XVIII. 



JOURNEY nOME. 



Soon after the scene just described, Judge White set out for home, 

At almost every step, he was greeted with spontaneous and hearty 

applause. At Lexington, Va., a public dinner was tendered him, the 

acceptance of which, however, in consequence of the uncertain state 

of his health and the long journey before him, he was compelled to 

decline. 

As he drew near his own State, he met a deputation of citizens 

from Sullivan County, inviting him to attena a public dinner, at 
Kingsport. Similar manifestations of respect were shown him at 
every town from the Tennessee line to Knoxville. He invariably 
declined these invitations ; but, when he reached these several places, 
he was forced to accept their hospitalities, everything being in readi- 
ness for his entertainment. These manifestations bore a superabound- 
ing testimony to the high appreciation that the people placed upon 
his eminent public virtues and private worth. This was peculiarly grate- 
ful to the heart of him against whom the storms of political injustice 
had beaten with such violence, because it was an affectionate emana- 
tion from the hearts of the dwellers around his own fireside ; of those 
who knew him best, and best understood the motives that governed 
all his actions. These testimonials were especially grateful from 
their entire disinterestedness and sincerity. For the people of his 
own State well knew, that the days of his political power had passed 
awav, and that he would never again have public favors to bestow. 

The malevolence of his enemies, however, kept pace with the affec- 
tions of his friends, and this spirit determined them not to permit 
him to pass on his way without insult. At Rogersville, a number of 
the leaders of the party hung over the principal street by which the 
town was entered, a cloth upon which was written in large letters, 
" Van Buren and Polk,"declaring, that Judge AVhite should, by pass- 
in^ under this, acknowledge himself the victim of the President of 

409 



410 MEMOIR OF HUGH LAWS ON WHITE. 

the United States, and of the Governor of Tennessee. Several of the 
most respectable citizens of Rogersville requested, as a special favor, 
that this inscription should be removed. Instead of granting this 
request, a band of ruffians rallied around it, to defend it and prevent 
its removal by force when Judge White should reach the place. 
Upon being informed of the affair, with his usual disinterested con- 
sideration for his friends he requested to be conducted on his way 
by a more unfrequented route, declaring that " no one, capable of 
such disgraceful conduct, had the power to insult him." His ene- 
mies were thus denied the gratification of accomplishing their malig- 
nant purpose. Escorts of citizens accompanied him along the whole 
route from the Virginia line ; and even in the country, and by the 
road-side, as he pursued his way, his fellow-citizens greeted him with 
smiles of affection, approbation and hearty acclamations of applause. 
A gentleman of Rogersville, Mr. Wales, voluntarily preceded Judge 
White, having under his charge a piece of artillery, whose frequent 
discharges sent the reverberating echo through hill and valley, 
announcing the coming of " the man who esteemed honor dearer than 
office." The banner that floated above the gun, was surmounted by 
a wreath of evergreen presented by the ladies of Rogersville, and 
bore this inscription : 

HUGH L. WHITE, 

WORTHY OF ALL HONOR 

BOTH AS 

A MAN AND A STATESMAN. 

He now entered Knoxville, the place where he had been reared 
from his boyhood, where he was greeted by the firing of cannon, the 
ringing of bells, and the earnest gaze of old and young, who thronged 
the streets to look upon him. Accompanied by a large procession of 
persons on horseback, with his aged head nncovered, he passed on to 
his own residence, through a multitude, who testified in various ways 
the high estimation in which they held him. The following extract 
from the " Richmond Whig," written by a distinguished Virginian, is 
evidence of the high reputation he sustained abroad, as well as at 
home : — 

The name of this gentleman demands a passing note. If there be 
truth in the adage, " nemo felix ante mortem ," then is he more to be 



RETURN HOME. 41 1 

envied than any man on earth. His political life was more than half his 
existence, and he has rendered it up and rendered up an account of hia 
deeds, and received while he yet lives, that judgment in which even his 
enemies concur, and which, therefore, posterity must ratify. He lives 
to read his own epitaph, and its language is that of praise. He lives 
to hear the voice of lamentation at his untimely fell, arising from all the 
land. He hears himself mourned as a father by his children. He walks 
among us as though his disembodied spirit had returned to earth, and we 
turn aside with awe, and look upon him as a thing not of this world. 
Men gaze upon him, as he passes, and the question u Which is he ?" is 
asked, not because he is a distributor of honors and emoluments, but 
because he has secured to himself an honor which the world gave not, 
and cannot take away — an honor greater than any the world can give. 
"We have God's word for it, that his gray hairs, worn, as they have been, 
in the " paths of righteousness," are indeed " a crown of glory." May 
God's peace rest and abide with him. 

An appropriate requiem is found in the following lines addressed by 
an English poet to an old oak, uprooted by a tempest: — 

" Thou who unmoved hast heard the tempest chide, 

Full many a winter round thy craggy bed ; 

And, like an earth-born giant hast out-spread 
Thy hundred arms, and heaven's own bolt defied ; 
Now liest along thy native mountain's side 

Uptorn ; yet deem not that I come to shed 

The idle drops of pity o'er tliy head, 
Or basely to insult thy blasted pride. 
No ! still 'tis thine, tho' fallen, imperial oak, 

To teach this lesson to the wise and brave : 
That 'tis far better, overthrown and broke, 

In freedom's cause to sink into the grave, 
Than, in submission to a tyrant's yoke, 

Like the vile reed, to bow and be a slave." 

He came back among- his old friends worn down by severe illness ; 
having performed a trying journey of thirty-three days, in a state of 
such extreme debility, that his friends watched each day, with trem- 
bling, lest it should be his last. Yet, throuQ-hout all this sufferinsr, 
the public welfare continued to excite his deepest interest. The sub- 
joined letter, one of the last which he ever wrote, shows that his 
country, her institutions, and her prosperity, inspired him with the 
profoundest solicitude. 

My Friend: — If towards any man I ought to use that term, I know 
of no one to whom I can apply it with a deeper conviction it is merited. 
You have stuck to me through good and evil report, without ever falter- 
ing or making a false or foolish move. The object of this letter is to 



412 MEMOIR OF HUGH LAWSON WHITE. 

give you all now in an old man's power, and one who feels on the verge 
of the grave — my most heartfelt thanks for your kind, able, and efficient 
care of me and my reputation. I am now through. On the 13th Jan. 
my political life was terminated by my enemies. I have no faith in 
the political resurrection of old men ; but think not I am either mortified 
or depressed. Although I may be placed hors de combat, I hope that 
some seeds have dropped even from the last limbs of my decayed trunk, 
which, if watered and cherished, may yet bring forth fruit for the good 
of the country. 

Late letters from some of my colleagues in "Washington, assure me that 
froin every quarter the news in relation to General Harrison's prospects 
are most encouraging. 

I like your electoral ticket with the exception of my name. That I 
think unfortunate, considering the state of my health ; but time will 
show what ought to be done, and my rule is never to act in haste. 

"Would to God I could be with you a day or two. I write now to 
show that there is yet something of me left, although you will see there 
is very little of either mental or physical strength. 

Sincerely 

Hugh L. "While. 
A. A. Ball, Esq. 

His last prayer was answered. His country was redeemed from 
the reproach which had been thrown upon it. Although the grave 
closed over him, before he was permitted to witness that redemption, 
yet the foul stain, which had been cast upon his own fair fame, was 
wiped out by an overwhelming majority in the Presidential contest 
of 1840, a result to which the influence of his speeches and actions 
largely contributed. 



CHAPTER XIX. 



HIS FAMILY HIS AFFLICTIONS. 



Judge White's social and domestic affections were remarkably 
Strong- ; and so far as his political career withdrew him from the 
sphere of their attractions, it was far from delightful to him. He 
loved home as such, and seldom left it except when business rendered 
it necessary. 

In 1798 he married Miss Elizabeth Moore, daughter of his early 
friend and instructor, the Rev. Samuel Carrick. She was born in 
Rockbridge county, Virginia, and possessed all the warmth, frankness, 
and generosity characteristic of the people of her native State. Her 
father was one of the early settlers of Tennessee. He was the first 
Presbyterian minister who ever had charge of a congregation in 
Knoxville, and was afterwards the founder and first President of 
Blount College 

His daughter was but just verging upon her fifteenth year at the 
period of her marriage ; and although her personal beauty was the 
first cause of attraction, yet, even at that early age, her capacity for 
fulfilling the important responsibilities of the position then assumed 
soon developed itself and proved to be of no ordinary grade. She 
was early distinguished for her many domestic virtues. As a wife 
she was preeminently faithful to all the interests of her husband, kindly 
caring for his personal comfort, and in his absence zealously watching 
over his pecuniary interests. Nor was her usefulness confined within 
the limits of her household. 

She seldom lost an opportunity of alleviating the distresses of the 
miserable and destitute. 

It was the will of Providence to continue this conjugal relation, 
which was productive of so much domestic happiness, for thirty-three 
years. They soon found themselves surrounded by a large family of 
children. Four sons and eight daughters cemented this union — 

413 



414 MEMOIR OF HUGH LAWSON WHITE. 

of whom two died in infancy, and the remainder reached years of 
maturity. 

For twenty-five years they lived in the full enjoyment of all the 
social pleasures the little world of home could bestow ; and the happi- 
ness they themselves enjoyed was imparted to others. " Their house 
was the abode of every delight and virtue." * The fond attachment 
of the husband was manifested by the regard and acts of kindness 
which he showed to all who were objects of interest to her, and on 
her part was reciprocated by cheerfully gratifying the wants and pro- 
moting the welfare of all his friends. 

As parents they labored assiduously to " impress the minds and 
imbue the hearts " of their children with all those graces which 
would alone fit them for time and eternity. He was peculiarly gifted 
in awakening and encouraging their most confiding affection, and at 
the same time commanding their most profound respect, while she as 
a mother, was eminently qualified to keep alive and growing these 
important principles ; and the result was, they were happy in seeing 
these objects of their warmest solicitude, grow up around them models 
of gentleness and truth. 

But the scene changed. Death entered their quiet and happy 
home, in that insidious but most fatal of all forms of disease, pul- 
monary consumption ; and the first born was the first victim of the 
relentless tyrant. Carrick, their eldest son, died in 1826, in the 27th 
year of his age — when, says a cotemporary, " the attainments of his 
mind were but just developing themselves, and yet already in his pro- 
fession of the law, his brethren of the bar, and the public were ready 
justly as well as generously, to award him the praise of almost unri- 
valled acuteuess and promise, and his clients the most unbounded 
confidence in the strictness of his integrity and the fidelity of his 
course." 

The following letter to his friend James Park, Esq., the father-in- 
law of his son, shows that notwithstanding the sad news was not 
altogether unlooked for, yet his sensibilities were completely over- 
whelmed when it reached him. 

Washington, Jan. Slsl, 1S26. 
My Dear Sir. — Be pleased to deliver the inclosed letter to Nancy. 
Letters from James and Doctor Watkins had taught me expect the sad 
news, which this morning's mail brought me. That my beloved son is 

* Dr. Foot's funeral sermon upon Judge White. 



DOMESTIC AFFLICTIONS. 415 

no more. Yes, that Camok is gone, gone forever, ami that without the 
farewell of his father. Dreadful, heart-rending, and life embittering 
thought ! 
I am incapable of offering any advice about anything. I should bo 

glad to hear from yon, who are capable of deriving consolation in tho 

midst of all misfortunes, from sources of which I have no right to draw. 

Most sincerely yours, 

IIu. L. "White. 
James Pake, Esq. 

From this time his domestic life became a scene of constant trial. 
The destroyer severed in rapid succession the ties of affection. From 
time to time he was doomed to drink still more deeply of the bitter 
cup of sorrow, which only a parent's heart can know as he sees the 
objects of his fondest hopes, in the full prime of manhood, and in the 
full blush of womanhood sinking one after another into premature 
decav. Earlv in the year 1827, another daughter and dauo-hter-in- 
law passed away. 

In anticipation of the calamity, he again writes to the same friend. 

Senate Chamber, Feb. 6th, 1S27. 

Dear Sir: — Your favor of the 22d January is this moment received. 
Your previous letter loitered long by the way. I answered it immediately 
after it was received. 

I have for some time been desirous to write to Nancy and to Lucinda ; 
but cannot bring myself to write to either. 

For some weeks I have been under the belief that even the painful 
satisfaction of ever seeing either of them in this life is not to be afforded 
me. 

I already feel as though they were lost to me; the affliction you realise 
I know : But " shall we receive good and not be prepared to submit to 
affliction from the hand of the Lord ?" 

I have no news. 

Your friend, 

Uv. L. White. 

James Park, Esq. 

On this occasion his fears were not fully realised, lie arrived at 
home on the morning of the 20th March, and his daughter Lucinda, 
of whom he writes in this letter, died on the evening of the same day. 
So that she died not, without giving a parting look of recognition to 
the father she loved so tenderly. 

The year 1S28 was more fatal to him than any which had preceded it. 



416 MEMOIR OF HUGH LAWSON WHITE. 

In this year Ins second daughter, Mrs. Mary L. Swan, who had been 
married but eight months, died. The following July his eldest daughter, 
Betsey, relict of Newton Scott, died. " She was early taught by the 
death of her husband, but a few months after their marriage, the entire 
instability of all earthly expectations, and she had the happiness to 
profit in the school of adversity." In November of the same year he 
was deprived of his second son, James, under circumstances, if possible 
still more distressing. Soon after obtaining a license to practise law, 
lie removed to Huntsville, Ala., and commenced his professional 
career. He had remained there but a few years, when his course was 
arrested by disease. He then returned with his family to Knoxville, in 
the hope of recovering his health. At the approach of winter he 
sought a milder climate, presuming it would be more congenial to 
his constitution, and assist in the restoration of his strength ; but he 
was unable to proceed farther than Tuscaloosa, where he died, 
without the affectionate care of wife, mother or sister, to watch over 
his helpless hours of sickness, to soothe his pains, or minister to his 
infirmities. 

Says a friend, in writing of this son : " In his profession, though young, 
he was conspicuous ; though his career was short, it was brilliant. He 
was argumentative and eloquent, ingenious and profound, and had a. 
fair prospect of obtaining a preeminent reputation." 

Although Judo-e White's heart was filled with profound sorrow at 
these untimely losses, yet there was no murmuring or repining. His 
entire submission to the Divine will in these bereavements will be 
seen from the following letter to Dr. Coffin, President of East Tennessee 
College, and former preceptor of his sons. 

Washington, Dec. 6th 1S2S. 

Dear Sir.— By the mail which arrived this morning I received a letter 
from Tuscaloosa, which gave the sorrowful information that James is no 
more. Believing, when I parted with him, that we Avould never meet 
again in time, I had been striving to reconcile my mind to such a separa- 
tion, and hoped that I could hear of his death with composure, but while 
there was life there was also hope, and I found the news had an effect I 
did not anticipate. In and by my children I expected to obtain my dis- 
tinction while I lived, and by the same medium to be known to posterity. 
My leading object was to deserve the reputation of integrity, to acquire 
funds equal to a comfortable support, and to the giving them a good edu- 
cation. Providence favored these endeavors to every desirable extent. 
With my elder children, good dispositions and an aptitude to learn, it 



LETTER TO DR. COFFIN. 417 

appeared to me, were found united. My assiduous attention was given 
to inculcate, in the first place, the value of good morals, and in the next, 
to create a strong desire for the improvement of their minds. I was 
flattered in the belief that I had succeeded, and they had become my most 
intimate companions. I was proud of them, they were just as I had 
desired they should be. Now, where are they? Of twelve, only live 
younger ones remain. Seven have had their state of probation, and have 
passed to their everlasting home. Good God! I am forced to realize the 
solemn thought, that they and I never can see each other in time. This 
is a heart-rending reflection, which I can hardly summon up fortitude 
enough to bear. So it is, and I must submit to it. 

In the midst of all these bereavements I have had, and continue to have, 
some sources of high consolation. Of the five who were grown, no one 
was addicted to any one vice, so far as I know. If not entitled to the 
appellation of pious, each of them was at least moral. It pleased God so 
far to restrain them, that each of them lived esteemed, and died without 
having done any act disgraceful, in the estimation of society. They were 
so far favored that each died of a slow, and lingering complaint, seldom, 
if ever deprived of the full exercise of their reason. They were thus 
enabled solemnly to review their short lives, to repent of all departures 
from the "Will of their Maker, and to pray for forgiveness to that Being 
who alone has the power to pardon. 

"While spared to me I had all the satisfaction with them, and believe 
they had with me, which can reasonably be expected between a father 
and his children. Enabled by the blessing of Providence to supply all 
their temporal wants, and having done so with the most heart-felt satis- 
faction, and they in return having given me not only their gratitude but 
their fondest filial love, I see not why I ought to grieve. " The Lord 
gave them " to me, He made them a blessing to me while here, " He hath 
taken them away," and surely I ought to add, " blessed be the name of 
the Lord." He knew best when to give them, how long to permit them 
to remain, and when and how to remove them to that place, as I hope, 
" where the wicked cease from troubling and the weary are at rest." 

If, according to my blind wishes, he had permitted either of them to 
have lived in health, a week, or even one day longer, they might have com- 
mitted some act more distressing than their death. I will then try to be 
satisfied. He who removed them hence knows all things, and orders 
everything for the best. Therefore His will, not mine be done. 

Present me in terms of kindness to your good lady and your children, 
and believe that, 

I am, with the highest regard and esteem, 

Your most ob't servant, 

Hu. L. White. 
Doctor Chaeles Coffix. 

27 



418 MEMOIR OF IIUGII LAWSON WHITE. 

Two other daughters soon followed. In January 1829, Ms fifth 
daughter, Cynthia, died at the age of seventeen ; and Melinda, his 
sixth daughter, in April 1830, at the age of fifteen. 

Though the recital of so many similar events has made the scene 
familiar, yet we have now to record one, if possible, of more melan- 
choly importance. The malady which had carried away the chil- 
dren, demanded also the mother. In the autumn of 1830, she was 
attacked with illness, and to avoid a separation, accompanied her 
husband to Washington, where she lingered through the winter. 
All hopes being abandoned of her restoration to health, her only wish 
now seemed to be, to reach home, and see those of her family who 
remained behind. She and her husband left Washington on the 5th 
March and travelled at the rate of ten or twelve miles a day. 

She continued to decline, and died on the 25th March 1831, at a 
public house near the Natural Bridge in Virginia, in the same county 
in which she was born. Her remains were placed in a coffin, and 
brought to Knoxville, three hundred and twenty miles, and deposited 
in their ancestral burying place. 

Although there were friends with him, who would have done him 
any act of kindness, yet lest the carriage should be rudely driven, the 
mourning husband undertook the sad task, and carefully conducted 
her lifeless form to its last resting-place. 

The day preceding his arrival at home, he was met by a number 
of his friends and neighbors, who remained with him all night, and 
by many acts of personal kindness, softened the private afflictions he 
had been doomed to suffer, and enabled him to remain at his post, 
and fearlessly and unfalteringly to discharge his duty to them and his 
country. 

His fourth daughter, Margaret W. Alexander, upon learning her 
mother's real situation, requested to be taken' to her. Her friends, 
knowing the difficulties and dangers which must attend a trip 
through the valley of Virginia, at that inclement season, attempted 
to dissuade her from it. For a while she acquiesced and endeavored 
to comply with her father's injunction to remain at home. But 
finally, upon hearing of the low condition of her mother, she could 
not be dissuaded from her purpose. She left home in company with 
her husband, and reached the Natural Bridge on the morning of the 
26th, too late to receive the parting blessing of her parent. From 
exposure consequent upon this trip, she contracted the same disease, 
and died the following September. 



DOMESTIC AFFLICTIONS. 419 

But few men have ever been so severely chastened. Death was so 
continually and so suddenly destroying all around him, that in the 
short space of six years he was called to resign the companion of 
his youth and eight grown children, and so rapidly that four were con- 
signed to the tomb in the short space of nine months. The duties of 
his position were such, that he had the privilege of being with onlv 
three out of the number in their last hours. Even his wife, whoso 
fortitude never forsook her, amidst those multiplied trials, was denied 
the comfort of his presence. 

These afflictive dispensations produced their legitimate results. 
Under the first bereavements he turned tremulously away from God, 
as one who felt he had no claims upon His promise of sustaining 
grace ; but as renewed strokes of chastening from a kind Father's hand 
were laid upon him, he bowed submissively, not only acknowledging 
the power, but the goodness of God. 

He now found himself alone with " the recollection of what they 
were ;" and still so strong were his attachments for home, that ho 
preferred remaining by his now desolate hearthstone to seeking 
enjoyment elsewhere. It was at this period that he was more than 
ever resolved upon retiring from public life, but was induced to sacrifice 
his personal feeliugs to the interests of his friends and the public. 

Out of twelve, two children were all that were left him ; a son 
aged six years, and a daughter aged nine. 

His grandchildren now shared with his children his paternal soli- 
citude. His sons left four children, and his eldest daughter one : 
the latter was reared in his own house — and the education of all was 
his peculiar care. But while engaged in discharging his duty to the 
living, he did not forget the sacred debt he owed to those who were 
no more. Upon leaving and returning home his first and last visits 
were to their quiet resting-place. This habit continued with him 
throughout life, and proved that their virtues were embalmed in his 
memory. 

In November, 1832, Judge White formed a second marriage with 
Mrs. Ann E. Peyton, of Washington City, a lady of fine mind and 
polished address, with whom he lived eight years, in great happiness, 
and from whom he was seldom separated. She proved herself an 
affectionate and devoted wife, and shared a large portion of his last 
thoughts. She survived her husband seven years, and died at his 
residence near Knoxville, in April, 1847. Her remains were taken 
by her request to Washington, and interred by the side of her daughter. 



CHAPTER XX. 



HIS DEATH. 



Judge "White's health was somewhat impaired, in consequence of an 
attack of pneumonia, which he had before leaving Washington. The 
fatigue and exposure of travelling at so inclement a season of the year, 
caused his disease to terminate in pulmonary consumption. As soon as 
he found himself upon the soil of his own State, the very air of Ten- 
nessee seemed to exert a reviving and invigorating influence upon his 
health. After he reached home, he so far improved, that he was able 
to take an interest in everything around him ; and his mind was con- 
stantly employed in devising plans for the future comfort of his 
family. He made a contract for building on his farm (two miles dis- 
tant from his residence) where, as he frequently expressed himself, he 
would pass the remainder of his life with his wife and children. 

His physical strength did not entirely forsake him to the very last. 
He was able to take his accustomed rides of one or two miles, 
almost daily, either on horseback or in a carriage, which gave his 
friends cause to hope his life might yet be prolonged. On the 8th of 
April he rode four miles in a carriage, but was unable to sit up all 
the way. This was the last exercise he took. On the 9th, the day 
previous to his death, he did not leave home, but sat up the greater 
part of the day and until a late hour at night, and was unusually 
cheerful. He slept as comfortably as usual until two o'clock, a. m., 
when it was discovered that his coutjh was changed. The abscess on 
his lungs had broken, and being too feeble to discharge it, he lived 
about six hours, suffering apparently little pain, and died at half-past 
eight o'clock, on the morning of the 10th of April, 1840. To the 
last hour of his life the vigor of his intellect remained unabated. 
Although unable to talk much, he was perfectly conscious, and occa- 
sionally expressed great «oncern about his family. 

420 



HIS DEATH. 421 

He never made any public profession of religion ; but, from the pious 
precepts and examples placed before him in early life, he imbibed a 
veneration for all its institutions. He believed that religion consisted 
more in doing right, from a sense of obligation to the Supreme Being, 
than in forms and ceremonies. His resignation to the Divine will, 
and confidence in his acceptance with God, was full and perfect. A 
few days before his death he was visited by the Rev. Dr. Foot, presi- 
dent elect of Washington College, who conversed with him folly and 
freely upon the subject of his approaching change. Judge White was 
a firm believer in Christianity as revealed in the Bible, and as 
expounded by orthodox Christians. He had entire faith in the plan 
of atonement. He affirmed in his last hours, that " having made it 
a point through life, to do all the good in his power, and as little harm 
as possible, and placing a firm reliance on the merits of Christ to 
supply all the deficiencies incident to human frailty, he now had no 
more fear of appearing in the presence of his Heavenly Father, than 
he would in that of a kind, earthly parent. 

When the intelligence of his death reached the town, all business 
was immediately suspended. The Chancery Court, which was in ses- 
sion, adjourned over to the ensuing day. 

His body was interred in the burial ground of the First Presbyterian 
Church on Sunday, at two o'clock, p. m., and was followed to the a^rave 
by an immense concourse of citizens. The procession left his late resi- 
dence in the following order : — Clergy — members of the medical pro- 
fession — judges and members of the bar — pall-bearers — the body — 
relatives of the deceased — trustees of East Tennessee University- 
president and professors of East Tennessee University — students of 
the University — principal and students of Hampden Sydney Academy 
— citizens. Immediately behind the body of the deceased, followed 
his riding horse, Rienzi, with saddle and bridle, but without rider ; 
whose slow and measured tread seemed to betoken that he, too, sadly 
felt the loss of his master, and called forth a fresh burst of grief from 
his friends and fellow citizens. 

Appropriate services were held at both the house and grave. After 
which the assembly dispersed ; and all classes of the community seemed 
to feel that they had been called to mourn a heavy calamity. 

A plain tomb-stone marks the spot where rest the ashes of this good 
and great man, with the following simple inscription : — 



422 MEMOIK OF HUGH LAWSON WHITE. 

THE MEMORY OP 

HUGH LAWSON WHITE, 

"Wbt 3uat," 
Who was born Oct. 29th, 1773, and departed this life April 10th, 1840. 



Composed in suffering, and in joy sedate, 
Good without noise, without pretension great, 
True to his word, in every thought sincere, 
He knew no wish but what the world might hear. 

This humble tribute of devoted affection and deep regret is deposited by his 

bereaved wife. 



In different parts of the country, numerous public discourses were 
delivered on the occasion of his death, and frequent testimonials of 
respect appeared in the public journals of the day. One is selected 
from those published in each division of his State, because of the 
treatment he had received from a small portion of its citizens. An 
account of the meeting at Washington is also given in consequence 
of his long residence and services in that city. These addresses 
were delivered by men who had known the deceased intimately for 
many years both in his public and private capacity ; and there- 
fore their testimony is entitled to confidence. 

On the 26th April, 1840 a funeral sermon was expected to have 
been delivered in the Presbyterian church at Knoxville, by the Rev. 
J. I. Foot, D. D., who was killed by a fall from his horse on the 20th 
of the same month, within a few miles of Rogersville, while on his 
way to Washington College. A part of the sermon was, however, 
prepared, from Isaiah xl. 6. "The voice said, Cry. And he said, 
What shall I cry ? All flesh is grass, and all the goodliness thereof 
is as the flower of the field : The grass withereth, the flower 
fadeth." 

At a meeting of the members of the Bar, at Knoxville, Hon. 
Thomas L. Williams was called to the chair, and John H. Crozier, 
Esq., appointed secretary. 



PUBLIC MEETING AT KNOXYILLE. 423 

The lion. Edward Scott presented the following preamble and 
resolutions, which were unanimously adopted. 

A GREAT MAN HAS FALLEN" IN ISKAEL I 

This day, about the hour of nine o'clock, at his residence near this 
place, the Hon. Hugh L. White ceased to exist. Henceforth he will live 
only in the memory of his friends and his countrymen. He was cer- 
tainly a great and worthy man; a friend to truth, virtue, liberty, and the 
Constitution. His was a life of labor and activity — a life of usefulness, 
moderation, regular conduct, and inflexible integrity. The law was his 
profession. Bj r his fair, open, and manly conduct, he won the sincere 
affection and approbation of all his contemporaries. He was an agreea- 
ble and eloquent speaker. In him were happily blended a profound judg- 
ment, and accomplished address. In him the unfortunate and the hon- 
est ever found a protector, while the guilty were marked for punishment. 
Raised to the highest office in his profession, he did honor to the station, 
and was among the greatest, and ablest magistrates that ever lived 
among us. Elevated to a seat in the United State Senate, he maintained 
. hat purity of character which marked his private life. He loved the Con- 
stitution, nor would he consent to a forced construction of that instru- 
ment for the oppression of the people. The future historian will not fail 
to record his virtues. We all know that his private character was with- 
out blemish; he was an affectionate husband, a kind parent and a stead- 
fast friend. In short, he died as he lived, a true republican, an ardent 
advocate of the rights of man, and an enemy to arbitrary power. 

Resolved, That in token of our high respect and esteem for the private virtues, and public 
character of the deceased, we will wear the usual badge of mourning for thirty days. 

On motion of John H. Crozier, it was 

Rewired, That the foregoing preamble and resolutions be presented by the Hon. Edward 
Scott, on to-morrow morning, to the Chancery Court now in session in this place, with the 
request that the same be entered on the record of the Court. 

Resolved, That we tender to the family and relatives of the deceased our sincere condolence 

on their late distressing bereavement, and that the Secretary furnish them with a copy of 

these proceedings. 

Tuomas L. Williams, Chairman. 

John H. Crozier, Secretary. 

At a meeting of the citizens of Nashville, Thursday, the 6th of 
April, Col. George Wilson was called to the chair, and Edwin H. 
Ewing, Esq., appointed secretary. 



424 MEMOIR OF HUGH LAWSON WHITE. 

The chairman having stated the object of the meeting, Allen A. 
Hall offered the following preamble and resolutions : — 

THE BEAUTY OF ISRAEL IS SLAIN UPON THY HIGH PLACES. 

Hugh Lawson White has passed off the stage of the great theatre of 
life! Well and nobly has he sustained the high character for which lie 
was cast. Would that the curtain of mortality had not fallen, till the 
epilogue to his eventful life had all been acted out and spoken, in the 
surely vindicating future. Quod scriptum scriptum est! "What is 
written, is written." Yes ! in the court above, the decree — how truly 
irreversible ! — has been entered up : and the name, and virtues and 
services of Judge White are become the priceless inheritance of his coun- 
try. Conspicuous among those of his day, to whom it has happened to 
have lived, acted and spoken under the scrutinizing eye of history, he 
has labored for the benefit of his country, as truly as ever a man toiled 
for his family. 

Illustrious by the eminence of his virtues, the usefulness of his talents, 
the importance of his functions, his character needs no indeterminate 
commendations, no accumulated epithets — no didactic reflections. His 
merits require no exaggeration. He had nothing to dissemble. His his- 
tory, written with faithfulness, will be his best eulogium. " He hath so 
planted his honors in our eyes, and his actions in our hearts, that for our 
tongues to be silent, and not confess so much, were an ungrateful injury : 
to report otherwise, were a malice, that giving itself the lie, would pluck 
reproof and rebuke from every ear that heard it." 

The spontaneous feeling of unaffected sorrow, which has here convened 
the friends of the deceased, can find but imperfect expression in these 
extemporaneous and preliminary proceedings. We pause at the threshold 
till, some orator, worthy of his subject, shall bid us enter, with becoming 
awe, the temple of his fame. 

From the age of thirteen, roughly disciplined in the border life of Ten- 
nessee ; at nineteen, acting a manly part in savage warfare ; a judge, at 
the early age of twenty-eight, and for twelve years giving universal 
satisfaction by able, and in many instances important decisions ; twelve 
vears president of the Bank of Tennessee, it was always prosperous by 
his prudent and wise counsels ; a senator in the State legislature ; 
district attorney of the United States ; commissioner between Virginia 
and Kentucky in the settlement of important land claims, and again, 
under the Spanish treaty. In all these varied trusts, equally honest and 
capable, he was the exact, efficient man of business ; twice was he elected 
without opposition to the Senate of the United States, and on a memor- 
able occasion, when in the conflict of great principles, an arbiter was 
needed to control giant minds, he was chosen to preside over that body. 



PUBLIC MEETING AT KNOXVILLE. 425 

As self-poised and magnanimous in declining honors, as in accepting 
office ; he refused a seat on the Bench of the Supreme Court of the United 
States, and more than once a place in the cabinet of the federal executive. 
In a public career of forty years, of spotless integrity, with ;i rare disin- 
terestedness, he twice refused compensation, to a large amount, for most 
valuable public services. 

Nor is the reverse of the medal less beautifully defined. His private 
life exhibited the perfect harmony of his whole character ; and so attrac- 
tive has it ever been, that his numerous friends have regarded him more 
with the sentiments of paternal affection, and the tenderness of a near 
relationship, than with the ordinary feelings which attach a public man 
to his constituents. Accordingly they have rejoiced at his well deserved 
success, or have been indignant at the ungrateful returns, which the best 
benefactors often receive, and in all vicissitudes, they have felt his repu- 
tation dear to them as their own personal concern, and they still 

"Wear him 
In their heart's core; ay, in their heart of hearts." 

Ungrateful returns ! They were the vouchers of his uncompromising 
integrity and consistency; they were the evidences of his greatness! 

When attacked, he defended himself beyond all ordinary powers of 
endurance, with the weapons of truth, and the bravery of conscious 
uprightness. That reputation which grows, as the oak, through all 
changing seasons amidst alternate storms, and sunshines, shall still be 
firmly rooted and majestic, when the rude tempests of party strife are all 
blown over. The subject of our eulogy has been in this triumphant, 
that his last days were the best witnesses of his worth. I Jeath only could 
subdue him. •' Without fear and without reproach," he had a right to 
demand an honorable discharge ; but his self sacrificing, generous love of 
country, brought him to the foremost place in that hot fight, in which we 
are now engaged. He has died in his armor, covered with glory. " His 
end lamented by the good, by none more than by us." 

" Dear let his memory be, and proud his grave ! 

And this his epitaph : " He lived, he fought 

For truth and wisdom, foremost of the brave, 

Him glory's idle fancies dazzled not, 
'Twas his ambition, generous and great, 
A life to life's great end to consecrate!" 

" He came to his grave in full age, like as a shock of corn cometh in, 
in his season." Full of years, and of just honors full, the venerable 
White " rests from his labors, and his works do follow him." 

Resolved, That we lament the death of the Hon. Hugh L. White, as a great calamity; in 
which our sense of loss to that cause to which he was more especially pledged, in the present 
posture of public affairs, is merged in condolence with the good, the enlightened, and the libe- 
ral of all parties. 



426 MEMOIR OF HUGH LAWSON WHITE. 

Jiesolved, That it be suggested to the whig electors to wear the usual badge of mourning 
ninety days. 

Jiesolved, That we deeply sympathize with the immediate family of the deceased, and that 
a copy of these proceedings be transmitted to them, as an expression of our condolence. 

Jiesolved, That the record of these proceedings, signed by the Chairman and Secretary, be 
published in the newspapers at Nashville. 



Ephraim H. Foster, Esq., having seconded the adoption of the fore- 
going preamble and resolutions in a few appropriate remarks, they were 
adopted without a dissenting voice. Whereupon the meeting, on motion 
of Henry Hollingsworth, Esq., adjourned. 

Geoege "Wilson, Chairman. 
Edwin H. Ewing, Secretary. 

The Supreme Court of the State of Tennessee, in session at Jackson, 
on receiving the melancholy intelligence of the death of the Hon. 
Hugh L. White, immediately adjourned ; after which the members 
of the Bar of West Tennessee, in attendance on the Supreme Court, 
convened at the court-house for the purpose of paying a tribute of 
respect to the memory of the deceased. 

Whereupon, on motion of Adam Huntsman, Esq., P. M. Miller 
Esq., was called to the chair, and Micajah Bullock, Esq. and Austin 
Miller, Esq., were appointed secretaries. 

Henry G. Smith, Esq., then offered the following preamble and 
resolutions, which were unanimously adopted : 

Information having been this day received of the death of the Hon. 
Hugh L. White, of Knoxville, formerly a judge of the Supreme Court of 
this State, and long a distinguished member of our profession ; as a tes- 
timonial of respect to his memory, due alike for his eminent public ser- 
vices, for his great private worth, to the purity, propriety, and dignity, 
of his long and active life, the members of the Bar of West Tennessee in 
attendance upon the Supreme Court at Jackson, assembled for the pur- 
pose of declaring their sentiments : — 



Resolved, That in his death the Bar of this State has sustained the loss of a most distin- 
guished member and ornament; the people of Tennessee, of a long tried and faithful servant ; 
society, of a good and useful citizen ; his family, of a kind father and affectionate husband ; 
mankind, of one of the noblest of the race. 

And, therefore, that we are penetrated with feelings of an unfeigned sorrow and regret upon 
the occasion of his death; and that the members of the Bar of West Tennessee, assembled at 
this meeting, respectfully and affectionately tender their condolence and sympathy to his 
bereaved family. 

Jiesolved, That a copy of the proceedings of this meeting be presented to the Supreme Court 
at this place, with the request that the same may be entered on the minutes of the court; and 
that a copy be addressed to the family of the deceased ; 



PROCEEDINGS OF THE BAR AT JACKSON. 427 

And that a copy be furnished for the press, with a request that the proceedings may be pub- 
Ished ; 
And that the same be signed by the Chairman and Secretaries. 

Whereupon the meeting adjourned. 

P. M. Miller, Chairman. 

M. Bullock, ) n 
. T. r }■ Secretaries. 

A. Miller, ) 

Jackson, April, IS, 1S40. 

And afterwards, on Monday, the 20th day of April, the resolutions 
above were presented to the court at its opening in the morning, with 
the request that they might be entered on the minutes of the court. 
The request was promptly complied with, and the following response 
to the motion was made by his honor Judge Reese, presiding on 
behalf of the court : — 

"We have been requested to cause to be spread upon the records of this 
court, a copy of the proceedings of a meeting of the members of the bar of 
West Tennessee, in attendance at the present term, intended by them as a 
testimonial of their regret for the death, and their respect for the memory 
of the Hon. Hugh L. White. We promptly and cordially assent to thi3 
request. 

We received with the liveliest sensibility and profoundest regret, the 
melancholy intelligence that one so long and so eminently distinguished, 
as a member of our profession, and as a judge of this court, is no more 
to be numbered among the living. The individual upon whom has 
devolved the duty of responding to the request of the gentlemen of the 
bar, has known the deceased intimately for the last twenty years. The 
traits of his character were strongly marked. His intellect was unusually 
active, acute, clear, and vigorous. He had great firmness of purpose and 
energy of will, and if his temper was ardent, and his emotions sometimes 
intense, he had a prudence, discretion and fairness which directed his 
efforts to right ends by the use of proper means. His professional career 
commenced about the time when this State became a member of the 
Union, and he rose at once to honorable distinction. Although his 
preparation, scholastic and professional, as might be expected from 
the character of the country and the times, was rather accurate and use- 
ful, than extensive ; still, such were the endowments of his mind, and the 
strength of his character, that for forty-five years, and to the last, he 
kept up with the improvements of society and the development of our 
institutions, and never lost that position in the very first rank of his pro- 
fession with which lie set out. As a lawyer, he was ever at his post and 
always prepared. As- a speaker at the bar, he was animated, argumen- 
tative and eminently impressive; force and perspicuity were his striking 






428 MEMOIR OF HUGH LAWSON WHITE. 

attributes. As a judge, he was courteous, dignified, impartial and able. 
This elevated station he reached at an early age, and he largely contri. 
buted by the purity of his personal character and the energy, wisdom and 
justice of his official actions, to impress upon a new community that 
respect for, and submission to, an enlightened administration of the law, 
which has in all times and under all circumstances since, so honorably 
distinguished them. 

The moral qualities of Hugh L. "White were of the first order. Truth, 
that basis upon which must rest all the virtues he strongly loved, and 
scrupulously practised. His integrity was inflexible ; no example of 
others, no fashion of the times could tempt him, for a moment, into any 
transaction, questionable in the motives, or equivocal in the tendency. 
He was an honest man, and ever kept his escutcheon stainless; and this 
he himself regarded as the highest and most honorable point in personal 
character. As a husband, a father and neighbor, he was all that a man, 
such as we have described him, could be expected to be. His long and 
active life brought him in contact with society at points which we mean 
not here to discuss. He was much in the political service of his country : 
even here we may be permitted to express the individual conviction that 
the period is not distant, when the turmoils of the present moment having 
passed by, few, if any, of his countrymen will be found to question the 
motives of his public conduct, or to deny that, in all the solid and essen- 
tial qualities of a virtuous patriot and an enlightened statesman, he was 
eminently distinguished among the men of his time. 

Upon Judge White's death being announced in the Senate by his 
successor, Mr. Alexander Anderson, the motion for the customary 
honors to be paid to his memory was seconded by Mr. Preston of 
South Carolina, who at the same time pronounced the following brief 
and merited eulogy upon the virtues of the deceased : 

"I do not know, Mr. President, whether I am entitled to the 
honor I am about to assume in seconding the resolutions which have 
just been offered by the Senator from Tennessee, in honor of his late 
predecessor ; and yet, sir, I am not aware that any one present is 



REMARKS OF HON. MR. PRESTON. 429 

more entitled to this melancholy honor, if it belongs to long acquaint- 
ance, to sincere admiration, and to intimate intercourse. If these 
circumstances do not entitle me to speak, I am sure every senator 
will feel, in the emotions which swell his own bosom, an apology for 
my desire to relieve my own, by bearing testimony to the virtues and 
talents, the long services and great usefulness, of Judge White. 

" My infancy and youth were spent in a region contiguous to the 
sphere of his earlier fame and usefulness. As long as I can re- 
member anything, I remember the deep confidence he had inspired 
as a wise and upright judge, in which station no man ever enjoyed a 
purer reputation, or established a more implicit reliance in his abilities 
and honesty. There was an antique sternness and justness in his 
character. By a general consent he was called Cato. Subsequently, 
at a period of our public affairs very analogous to the present, he 
occupied a position which placed him at the head of the financial in- 
stitutions of East Tennessee. He sustained them by his individual 
character. The name of Hugh L. White was a guarantee that never 
failed to attract confidence. Institutions were sustained by the 
credit of an individual, and the only wealth of that individual was 
his character. From this more limited sphere of usefulness and 
reputation, he was first brought to this more conspicuous stage as the 
member of an important commission on the Spanish treaty, in which 
he was associated with Mr. Tazewell and Mr. King. His learning, 
his ability, his firmness and industry, immediately extended the 
sphere of his reputation to the boundaries of the country. Upon 
the completion of that duty, he came into this Senate. Of his career 
here I need not speak. His grave and venerable form is even now 
before us — that air of patient attention, of grave deliberation, of un- 
relaxed firmness. Here his position was of the highest — beloved, re- 
spected, honored; always in his place — always prepared for the 
business in hand — always bringing to it the treasured reflections of a 
sedate and vigorous understanding. Over one department of our 



430 MEMOIR OF HUGH LAWSON WHITE. 

deliberations lie exercised a very peculiar control. In the manage- 
ment of our complex and difficult relations with the Indians, we all 
deferred to him, and to this he addressed himself with unsparing 
labor, and with a wisdom, a patient benevolence, that justified and 
vindicated the confidence of the Senate. 

" In private life he was amiable and ardent. The current of his 
feelings was warm and strong. His long familiarity with public 
affairs had not damaged the natural ardor of his temperament. We 
all remember the deep feeling with which he so recently took leave 
of this body, and how profoundly that feeling was reciprocated. The 
good-will, the love, the respect which we bestowed upon him then, 
now give depth and energy to the mournful feelings with which we 
offer a solemn tribute to his memory." 

At a meeting, in the Capitol at Washington of the personal friends 
and admirers among the members of the House of Representatives iu 
Congress, of the late Hugh L. White of Tennessee, called on the 
21st instant, for the purpose of paying a tribute of respect to his 
memory ; 

The Hon. Thomas W. Chinn, of Louisiana, was called to the 
Chair, and the Hon. William K. Bond, of Ohio, was appointed 
secretary. 

The Hon. John Bell, of the Tennessee delegation, rose and intro- 
duced the object of the meeting, with the following remarks: — 

As the senior member of the Tennessee delegation, now present, it 
may be expected that I should state the object of this meeting, which is 
simply to make some suitable manifestation of our sorrow for the death 
of the late Judge White, and to pay such tribute of respect to the excel 
lence of his character, as I am sure will be equally grateful to our own 
feelings, and to his numerous relatives and friends, wherever they may 
be. 

Not having been a member of the House of Representatives, the pre- 
cedents do not authorize the annunciation of his name in that body, nor 






REMARKS OF HON. JOHN BELL. 431 

admit the customary proceedings in honor of departed fellow members. 
The deep and unaffected concern with which the melancholy intelligence 
of his death was received by every member who had formed a personal 
acquaintance with him in the course of his public service, and the anx- 
ious solicitude they expressed that some mode should be adopted, by 
which they could testify their feelings to the world, will, perhaps, after 
all, be regarded as a higher testimonial of his worth than any we can 
now offer. 

Many were of opinion that his long and useful public services, the ven- 
erable age at which he had arrived, and above ah, the unblemished 
purity of his whole life, were sufficient to set aside all precedents, and to 
justify an extraordinary proceeding in the House. But on reflection, it 
was concluded that nothing should be attempted, which under the excite- 
ment of the times, could be attributed to any possible motive except the 
desire of doing sincere homage to the virtues of the deceased. I must 
confess, however, there is something very unsatisfactory to the feelings, 
in the customary proceedings of the two Houses, upon the occasion of 
the decease of a member. They are, for the most part, indiscriminate ; 
there is the same routine in every case; oftentimes the duty of speaking 
the eulogy is devolved upon one who has neither the heart to appreciate, 
nor perhaps, the inclination to do justice to his memory. I, therefore, on 
every account, prefer the mode of our present meeting. Here, there is 
no involuntary or exacted homage ; none give their attendance, but 
those whose feelings would not allow them to be absent. Here, too, we 
can give full scope to our friendship and admiration, unrestrained by the 
fear of giving offence to the taste of the cold and indifferent ; and besides, 
it is not the member of Congress whose death we now deplore, to whose 
memory we offer the tribute of our sorrow and our tears. It is to the 
man, the public officer, the statesman, who was an honor, and a blight 
and shining one, not only to the State in which he lived, to the country 
he served so long, so ably, and so faithfully, but to human nature 
itself. For if there be truth in the proposition, that the noblest work of 
Deity is an " honest man," then was the late Hugh Lawson "White, of 
Tennessee, one of the noblest specimens of divine workmanship. Alto- 
gether, he formed a character of rare perfection. Though determined in his 
own purposes of ardent and decided attachments, though engaging freely 
and actively in all the concerns of life, there was nothing in his whole 
career, no infirmity, no act, public or private, over which his friends 
need draw a veil in charity. The history of his last days we all know. 
Retiring from the Senate, in obedience to his principles and that inexora- 
ble sense of duty which -had influenced his whole life, though suffering 
from indisposition at the time, he resolved to set out immediately for his 
residence in Tennessee. Incapable, from long habits of self denial, of 
personal indulgence, the entreaties and warnings of his friends, who had 



432 MEMOIR OF HUGH LAWSOST WHITE. 

but too clearly foreseen the perils of so long a travel, in a season of such 
uncommon severity, were unavailing. The exposure and privations of 
his journey were fatal to his health. Disease fastened on a vital part of 
his system, and he finally sunk under it, with signal composure and 
fortitude. 

Thus terminated a life of uncommon usefulness, and one which, I trust, 
when it shall become more generally known, will leave a salutary 
impress upon the whole country. Judge White was, indeed, in many 
respects, a man of most rare and felicitous endowments, some of which 
may have passed unobserved even by many of those who enjoyed his 
friendship during the latter years of his existence. His manly patience 
and fortitude under tho severest afflictions, are known to hut few. 
Though tender and affectionate to the last degree, in his domestic rela- 
tions, yet his patient endurance under the greatest and most overwhelm- 
ing domestic bereavements, was almost superhuman. By calling to his 
aid the will, that faculty, which, with him, when once summoned into 
action, was absolute and invincible, he could appear among his friends 
with serenity upon his brow, while his heart was pierced with the keenest 
anguish. 

It may not be generally known, that this venerable patriot was, late 
in life, destined to the affliction of beholding the objects of his early pater- 
nal care, the pride, and joy, and hope of his affections fall, stricken by 
the " insatiate archer," one by one, in succession, until two only of a lovely 
and cherished group of ten remained ; and what seemed yet a harder, 
and more relentless fate, all these sank into the tomb at full maturity — 
his sons in the vigor of manhood, and giving high promise of all their 
father was — the more tender and lovely members of his family in the 
full bloom of youthful beauty. Yet so stern was the sense of public duty, 
which always governed this eminent citizen, that, at its bidding, I have 
known him to allow himself but a single hour in which to weep the early 
doom of still another " daughter dear." 

By a singular and unfortunate coincidence, a measure of great impor- 
tance in the Senate of which he had charge, and which he alone, from 
his intimate acquaintance with the subject, was able to explain and 
enforce, was set for the very day on which he received the melancholy 
tidings of this new bereavement. The measure was urgent, and admit- 
ted no postponement. One moment I saw him with his heart wrung by 
inexpressible anguish— the next, he appeared in the Senate, composed 
and resolute, and a moment afterwards he entered upon one of the ablest 
and most effective speeches ever delivered by him in that body. 

One other illustration of these less conspicuous, and perhaps, less use- 
ful qualities, yet still so characteristic of the man, I cannot forbear to 
give. I would speak of his gratitude — a virtue which he highly prized in 
himself, and the violation of which in others, he was less able to bear 



REMAKES OF HON. JOHN BELL. 433 

than any man I have known. Yet this cup, bitter as it is, he was, near 
the close of his valuable life, compelled to drain to the dregs. 

It gives me great pleasure to see in this assembly so many of those 
who assisted upon another, but very different occasion, to consecrate, 
and canonize the last public act of this distinguished public servant. The 
generous sympathy, the just measure of approbation and applause 
you bestowed upon his public course, and upon the principles and 
lentimeuts he avowed in that, his last intellectual effort in this 
capital — in this world — contributed to mate the close of his public 
career the proudest and most glorious event of his life. I am sure it 
will long be a subject of pleasing reflection to each of you, to be 
informed that the recollection of the friendship and admiration so 
kindly manifested by you on that occasion, continued to animate and 
console him during the remaining, but too short, period of his life. It 
supported him in his painful journey home, as the letters which now lie 
before me fully evince. It continued to be the frequent theme of his 
conversation and of his pen in the last days of his affliction, and it 
afforded a gleam of light to illumine the darkness of his last hour. This 
will not appear extraordinary, when we know that next to the approval 
of his own conscience, he valued and coveted, above all things, the good 
opinion of his friends and countrymen. His great ambition through life 
was to live without reproach, to be esteemed in private life, an honest 
man, and in public, a useful and faithful servant. This was his passion, 
and surely no man in our times, through so long a life, and filling so 
many important stations, has lived so well and so successfully up to the 
standard his ambition had prescribed for the regulation of his conduct. 

It is no common-place or unmeaning eulogy to say, that Aristides was 
not more just. He was in truth a model to two generations, for the 
moral conformation of the youth of the country around him — a mirror in 
which to dress themselves out in all the moral excellences of our nature 
— in all those qualities which make up the eminently useful and distin- 
guished citizen. 

"When we reflect upon the keen sensibility of our lamented friend, his 
leading passion, the moderate though noble measure of his ambition, 
judge ye what must have been the intensity of his emotions when — after 
a life of nearly forty years spent in the public service, filling with the 
unanimous approbation of the whole people, for so long a period, the 
highest and most responsible stations, without censure or reproach, or 
question of his fidelity, and at a time, too, when, in the course of nature, 
he verged towards the close of hip public labors — he was abruptly driven 
from the public councils, dismissed that public service he had so long 
adorned, not only with indifference, but with personal indignity and 
invective superadded. We can better imagine than embody in words the 
effect of such treatment upon a man constituted as he was. In truth, it 

28 



434 MEMOIR OF HUGH LAWSON WHITE. 

came near riving his noble heart. For a moment it quite vanquished 
him ; for one moment his inflexible spirit seemed to give way, but it was 
only for a moment. The consciousness of having discharged every duty 
faithfully to the last, and a strong sense of the unmerited censure which 
had been cast upon him, soon came to his relief, and restored him to the 
exercise of his accustomed fortitude and power of endurance. 

My feelings will allow me to proceed no further. I offer to the meet- 
ing, for their adoption, the resolutions which I hold in my hand : 

Resolved, That the present meeting, composed of the personal friends and admirers of the 
late Hugh Lawson White, of Tennessee, have received the information of his death with the 
deepest emotion and regret. 

Resolved, That, in testimony of those feelings, and as some small tribute of respect for the 
rare virtues, the distinguished ability and usefulness of a man who, in his whole life, was an 
example fit for the study and imitation of the present and future generations of his countrymen, 
we will wear the customary badge of mourning during thirty days. 

After the reading of the above resolutions, Mr. Wise, of Virginia, 
rose and paid an eloquent tribute to the character of the deceased, 
and when he had concluded his remarks, the above resolutions were 
unanimously adopted. 

Whereupon, on motion of Mr. Wise, 

Resolved, That the chairman of this meeting forward a copy of these proceedings to the 
family of the deceased. 

Resolved, That copies of these proceedings be sent to the editors of the "National Intelli- 
gencer " and the " Knoxville Times," with a request that the same be published in their res- 
pective papers. 

Thomas W. Chinn, Chairman. 
William R. Bond, Secretary. 

At the Youno- Men's Whiff Convention assembled in Baltimore, 
May, 1841, Mr. A. Pt. Humes of Tennessee being called upon for a 
report from that State, alluded in the following touching strain to 
Judge White. The " Madisonian " says, one of the most striking 
incidents of the day was the manner in which the immense assemblage 
received his reference to the good and great Hugh L. White. He 
said : — 

" Fellow Citizens : In the midst of this ' army of banners,' borne aloft 
by the stout arms of freemen, there is one robed in the sable weeds of 
mourning. Tennessee deplores the death, and this day houors the mem- 
ory of Hugh L. White." 

The very moment the name of the departed patriot was mentioned, 
the thousands who surrounded the rostrum simultaneously took off 



REMARKS OF MR. IIUMES. 435 

their hats, and bent their heads in mournful homage to his memory. 
The effect was instantaneous — was sublime — was electric. 
Mr. Humes continued : — 

You, my countrymen ! by your uncovered heads, at the mention of his 
great name, and by the holy and virtuous indignation you feel, written 
in legible characters, upon every face in this vast assembly, pay u just 
tribute to the worth of this parted patriot. lie now sleeps with " the 
illustrious dead." His heart no longer throbs with the pulsations of 
freedom ; his voice no longer eloquent in the councils of the nation, is 
hushed for ever, in the unbroken silence of the grave. 

Mr. Humes, in alluding to the universal proscription of the party 
in power, said : — 

"Among the many victims, who have bled upon the altar of this mod- 
ern Moloch, this fierce, relentless despotism, was that man, who has been 
justly termed " the Oato of the Republic." He forsook a past Adminis- 
tration in the noon-day of its power in defence of the Constitution and 
the laws — he renounced adherence to men, for the sake of principle. He 
" passed the Rubicon " and the decree went forth. He was banished 
from office — and with a heart full of deep, unutterable feeling, and a ven- 
erable form, trembling beneath the palsying hand of age, he returned, 
once more, to the peaceful abodes of private life. But the storms of 
winter, and the baseness of ingratitude, " more strong than traitor's arm, 
quite vanquished him." Disease and calumny completed their work — 
he returned to his final home — a dishonored soil received the ashes of her 
injured exile. There we might hojpe, he would rest in undisturbed 
repose. But no ! with fiendish malignity, do his defamers pursue him. 
Like fierce hyenas, they prowl around his grave, and insult his injured 
manes. But, fellow citizens ! there is a day of terrible retribution. 
The blades of twenty thousand freemen are leaping from their scabbards 
to revenge his wrongs. A voice, from his fresh sodden grave, speaks in 
tones of thunder to you, this day. The foul stain upon the brightness 
of gallant Tennessee, will soon be wiped off — her glory is eclipsed, 
but not departed — the dark spot upon her broad disk, will soon pass 
away, and the year 1841 will dawn upon the young Switzerland of 
America regenerate and redeemed." 



-,- v 



These eloquent tributes to the memory of Judge White, emanating 
from such high sources, were, certainly, grateful to his many friends. 
They were no less gratified by the many other marks of the same 
deep respect for his character and of the same unaffected and sincere 
sorrow manifested at his loss by the people. 



436 MEMOIR OF HUGH LAWSON WHITE. 

A battalion of militia mustered in Roane County, Tennessee, 
■when Judge White died. When the news of his death was carried 
to the place, by request of the commanding officer, the event was 
announced to the battalion, by Thomas J. Campbell Esq., who was 
present, and who added appropriate remarks touching his public and 
private character. The whole battalion evinced the deepest interest 
on the occasion, and unanimously determined on their return march 
from the field, to proceed with muffled drums, shrouded in black, which 
■was accordingly done. 

Another incident shows the affection with which he was regarded 
by the people. At the great whig convention held in Knoxville, in 
August, 1840, a gentleman who was present, and heard Col. David 
W. Dickenson's speech, says that, " when he (the orator) came to 
speak of Judge White, almost every man in that vast assembly was 
in tears." 



CONCLUSION. 

Having given the leading incidents in the life of Judge White, 
and shown him firm in his adherence to all his duties both of a pub- 
lic and private nature, in defiance of all denunciation, or seductive 
influences, the subject might well be left, in the confident belief that 
posterity will not fail to render that award of lofty merit which his 
character so eminently deserves. Testimonials to his worth have 
been inserted from so many and such high authorities, that it is 
scarcely necessary to say much in conclusion. But for the more per- 
fect completion of the task a few observations may not improperly be 
added, descriptive of his appearance, or illustrative of his character. 

His health, naturally delicate, had given him much trouble from 
the year 1819 until his death. His lungs were the seat of his disease, 
and although he was never so ill as to render it necessary for him to 
absent himself from his public duties, yet his hemorrhages were so 
frequent as to keep him in a constant state of apprehension. 

His personal appearance changed but little towards the close of 
his life ; he retained his erect form, and elastic step, almost to the 
last. He had an acute sense of the ludicrous, and was a lover of wit, 
although his appearance indicated a want of mirthfulness. 

Assiduity in him was combined with great mental activity. He ' 
was distinguished for his ability to apply his mind intensely and pro- 
tractedly, and for an unusual power of concentrating his thoughts 
upon a single subject. Accustomed from the beginning to considei 
seriously the impediments in the way of his attaining an object, he 
attentedly weighed them, and when he had undertaken to execute 
his purpose, his perseverance overcame every obstacle. Additional 
obstructions awakened additional strength, new and unforeseen diffi- 
culties led to the device of new and unforeseen expedients, until he, 
who might, in a sense, have appeared to be weak, and unable to main- 
tain his own position, was changed into an intellectual giant, divest- 
ing his adversary of his armor, destroying his strong-hold, and lead- 

43V 



438 MEMOIR OF HUGH LAWSON "WHITE. 

ing him captive at his will. His mind was not of that brilliant order, 
■whose only use is to astound the multitude. It delighted not to 
indulge in flights of the imagination, nor in sallies of wit. It did not 
chiefly rely on circumstances for its operation. What it had accom- 
plished at one time, and in one class of circumstances, it could also 
accomplish in others of a widely different nature. Those mental 
efforts which depended on external and occasional excitements in 
other men, were by industry and perseverance easily and habitually 
performed by him. It was this reliable and ready power which made 
him equal to the exigencies of every cause which he undertook, and 
the duties of every office which he was called to fill. The vigor, 
which in some other men of equal, and perhaps superior, genius 
was fluctuating and doubtful, was with him more uniform. 

He was a deep thinker, and remarkable for his power of compari- 
son and of discovering inconsistencies, and of clothing his ideas in 
suitable language. 

He examined thoroughly the arguments of others, his mind grasped 
and retained the leading points of a subject with great vigor, and his 
reasoning was so clear, that he made his ideas intelligible to the 
understanding of all. His style was forcible, perspicuous and concise. 
His sentences were commonly short and so selected and arranged 
that whatever he said could readily be followed. His style was often 
figurative, for purposes of illustration ; never for the sake of ornament. 
He addressed himself to the understanding and moral sensibilities 
and not to the passions — and when speaking, either in popular assem- 
blies, or in parliamentary debate, his manner was marked by the most 
impassioned earnestness and he seldom failed to fix the attention of 

his hearers. 

The operations of his mind were rapid ; bis feelings were quick and 

intense and susceptible of exquisite enjoyment or extreme pain. His 
mental activity grew out of an ardent temperament. He used to say 
that he was naturally one of the most irritable and passionate of men, 
but he governed his temper well, and that was one secret of the influ- 
ence which he exercised over the minds and conduct of others. 

His own purity of motive rendered him slow to suspect or to censure 
the doings of others. Yet he was not deficient in the power of resist- 
ing ; and he never allowed his character to be trifled with, his rights 
invaded, or his friends imposed upon. This trait was more frequently 
exercised and clearly exemplified, by means of circumstances occur- 






ring during the last years of his life. 



JTDGE WHITES CHARACTER. 13'J 

His incorruptible integrity was, however, the most prominent fea- 
ture in his whole character. lie abhorred the subtlety with which 
some advocates are accustomed to plead, and to seek to obtain an unjust 
verdict, and every course where success depended upon management 
and intrigue he regarded as unsound. Neither personal friendships, 
nor personal dislikes or animosities, ever colored his decisions ; and the 
accuracy of his opinions and his uncompromising honesty secured for 
him universal respect. 

In private life he was remarkable for the dignity and simplicity of 
his manners. In all his transactions the same honorable frankness of 
heart manifested itself. No instance is known in which his probity 
was ever suspected. His domestic habits were simple. He was an 
early riser, and when he had no particular business to transact, he 
spent his time in reading or in some other useful occupation. lie 
was an excellent marksman, and rode much on horseback. Many of 
his journeys to Washington were performed in that way, and so par- 
ticular was he in his attention to his horse, that he was never 
known to take his meals without first seeing that it received attention. 
Although his family w r ere provided liberally with domestics, his habit 
was to wait upon himself, and he seldom called upon them for atten- 
tions ; he required his children to imitate this example. He was 
systematic and orderly in all his habits ; he had a place for every- 
thing and kept everything in its place. He particularly disliked any 
disturbance in the arrangement of his room ; and was quick to detect it. 

He was not insensible to praise or censure. He valued much the 
good opinion of his fellow-men — but highly as he prized the approba- 
tion of the public in regard to his public conduct, he valued far more 
the testimony of his companions and competitors in the same profes- 
sion, and of his neighbors and friends, who had been witnesses of his 
conduct from his entrance upon the busy scenes of life. His reputation 
in distant parts of the land, was not greater than that he enjoyed in 
his own State and town. By his long and constant attention to the 
interest of his friends, he had become so endeared to them, that they 
never withheld an expression of their warmest approbation, or lost an 
opportunity of bestowing their renewed confidence and honors upon 
him. In all the domestic relations his character was without a stain. 
He was a devoted husband, an affectionate father, a kind neighbor, 
and a o-ood master. His servants loved, vet feared to offend him. 
He rarely passed one of them, however small, without speaking a kind 
word. 



440 MEMOIR OF HUGH LAWSON WHITE. 

One or two anecdotes will exemplify this trait. Judge White 
owned a number of slaves, and had a manager to see that they dis- 
charged their duty. It so happened that the family were unprovided 
with fuel at a time when the weather became extremely cold and 
unpleasant, and probably neither the manager nor servants were ap- 
prised of the fact, or if they were, considered that no one in his 
senses would think of turning out in such weather. The negroes 
were collected around a log-heap fire in their cabins, and the mana- 
ger, a man of by no means slight figure, or delicate constitution, in 
his own comfortable quarters, all in full view of Judge White's 
dwelling. Upon being notified that there was no wood, the Judge, 
without saying a word to any one on the subject, protected himself 
as well as he could against the weather, went to the stable, harnessed 
the horses and hitched them to the wagon before it was known what 
he was doing. As soon as the news reached the cabins he was im- 
mediately waited on to know what were his wishes. He very mildly 
and calmly requested the manager and servants all to return to their 
homes, and make themselves comfortable; that he could, without 
the least inconvenience, endure the cold. Of course he was not left 
alone, however, but made it a point to drive the horses himself. 

In relating this, the manager said, as long as he was with Judge 
White, after this, he never found the weather too bad to do whatever 
was necessary to be done. 

A little domestic occurrence may indicate his careful oversight of 
the moral training of his family. 

One Saturday in August, a grand-daughter and two nieces of 
Judge White went out to make their grandfather and uncle a visit. 
The Judge was then living in the suburbs of the town, and near him 
resided a Presbyterian clergyman. Soon after their arrival, it was 

announced by one of the company that the Rev. Mr. M had a 

peach tree loaded with ripe fruit, the first that had been seen that 
season. It was at once agreed by the whole party, including the 
Judge's daughter and a grand-daughter, residing with him, to visit 
the parson's garden some time during the day, and, if possible, pro- 
cure some of the fruit. The day passed away pleasantly enough 
until dinner was over, when the little party assembled themselves 
together, and began to speculate as to the best means of accomplish- 
ing their object. After some consultation, one of the number, rather 
more expert than the rest, proposed that the daughter apply to the 



ANECDOTES OF JUDGE WHITE. 441 

father for permission for the party to take a walk. The unseasou- 
ableness of the hour (for it was mid-day of mid-summer) struck the 
Judge's mind as rather odd for such recreation, and ho at once began 
to interrogate as to the object, and direction, and extent of the ram- 
ble. All questions were promptly answered, that but a short walk 
was contemplated, not beyond the confines of an enclosure, containing 
pome eighteen acres, which lay immediately in front of the house. 
Finally, consent was obtained, but it was expressly enjoined upon the 
young people that they should not transcend the bounds agreed upon. 
Bonnets were put on, and all hands started off in high spirits ; some 
of them, perhaps, fearing that they were engaged in a rather hazard- 
ous expedition, but still not sufficiently impressed with the idea to 
induce them to abandon it. The guilty company sauntered along 
leisurely for some time, every now and then one of them turning 
round to see that no one was near who could or would report them. 
After making an almost entire circle, they reached at length that 
part of the lot which lay nearest the parson's. It was now determined 
that three of them should remain on watch, while the other two 
crossed the fence, went to the house and obtained permission to ga- 
ther the fruit. However, upon reaching the place, they found the 
house closed, and the whole family absent. So, not liking the idea 
of being disappointed, they resolved, as circumstances did not seem to 
favor their obtaining the fruit by leave, that it would do no harm to 
help themselves to a few without leave. Aprons were filled, and a 
return made to join their former comrades. Now all was glee, each 
one feeling perfectly satisfied that they had not been discovered. 
Seats were procured under a large oak tree, the fruit disposed of, and 
the seeds scattered, and the little folks began to retrace their steps. 
They had got about half way when they met the Judge, who accosted 
them with "Well, children, you did not go outside?" "No, sir," 
responded all, save the daughter, who was silent, and feeling some 
misgivings about deceiving her father, returned and communicated 
all that had taken place, though remonstrated with by her friends, 
and urged not to expose them. This conduct, of course, drew upon 
them the displeasure of the Judge. He directed them to proceed to 
the house, and not to leave until his return. In the course of an 
hour, the whole five were summoned to appeared in his presence. 
There being no alterative, they obeyed — all the time feeling that 
they would rather face the world than the Judge, under the circum- 



442 MEMOIR OF HUGH LAWSON WHITE. 

stances. After hearing that the Judge had witnessed the whole 
affair from a window on the second floor, and hearing a lecture of 
some twenty or thirty minutes' longth, many promises of better con- 
duct in future were given, and tnose of them not belonging to the 
family began to make arrangements for home. To this Judge White 
objected, assuring them that they should have tea in time to return 
before night. Here again the guilty trio were compelled to face him 
at table. Scarce a word was spoken. Now they were suffered to 
depart, and it became the Judge's time to take a stroll. He returned 
with his hands full of peach-seed, and presenting them to his chil- 
dren, said, he had always heard that stolen fruit was the best, and 
requested them to plant the seed, and thereby be saved the necessity 
of robbing a clergyman's orchard in future. There stand the trees 
now, a monument of disobedience, and other juvenile peccadilloes. 
The lesson was never forgotten. 

The elevated moral qualities and the lofty mental powers, which 
are essential to tbe character of a perfect statesman were united in 
Judge White. Intrepidity and determination were combined with 
freedom from prejudice, and from excesses of every kind ; and firm- 
ness of purpose, which seemed to calculate the consequences of doing 
his duty, with prudence in counsel, and energy in action. At the 
time of his death he had nearly completed his 68th year, and bad 
been engaged uninterruptedly almost forty years in laborious public 
duties, and at the close of his political life, he exhibited the same 
purity of intention, and earnestness and ardor in the promotion of 
the public welfare, which were manifested in his earlier days. 

He was strictly just in his dealings with all men, whether of busi- 
ness or friendly intercourse. He loathed anything like duplicity. 
His desire was, to be to all men in truth, what he appeared to them 
to be. His great purity of character placed him above the intrigues 
of politics, and, consequently, he was seldom or never cognizant even 
of those of his own party. 

Upon this trait Dr. Ramsey remarks : 

I can recollect well when he was last a candidate for the State Senate. 
He was too honest to act the demagogue, and had too high regard for 
the constituency to try to deceive or flatter them. He addressed only 
their cool and dispassionate judgment — neither laughing himself nor 
exciting laughter in others ; I remember that he spoke of his competitor 
rarely, and that then he used the adjective worthy when he did mention 



ANECDOTES OF JUDGE WHITE. 443 

him. He never spoke to Buncombe (excuse the vulgarism), and his ' 
hi^h eulogy is that he never courted the people, nor sought to he 
their favorite. He tried to deserve applause rather than to re- 
ceive it. 

In relation to other points of Judge White's character, Dr. Ramsay 

says: 

Another instance of benevolence, more private, but not less honorable 
to his memory, I may not omit to mention ; as it was not heralded abroad, 
and, indeed, was known only to a few intimate friends, llev. T. II. Nel- 
son, pastor of the Old Presbyterian Church in Knoxville, was, as is well 
known, a poor man, and inadequately supported. In the erection of his 
humble residence he had not only exhausted his private means, but 
had contracted considerable debt, which he had no means of liqui- 
dating, and which hung like an incubus upon his drooping spirits. For 
some reason, too, a portion of his salary had not been paid ; and these 
accumulated discouragements led him almost to despair. Judge "White, 
though not a member of his church, hearing of the embarrassed condi- 
tion of Mr. Nelson, called upon Captain Crozier, an elder in his church, 
and proposed to be one of eight, six, or even four, to assume Mr. Nel- 
son's debt, and take up his note, then in bank, for the amount. In tho 
captain he found a congenial spirit. Four men were found who paid 
the bank debt; the note was sent to the minister cancelled, and his mind 
set at ease." 

The judge was present once when an effort was being made to get up 
a dancing school. He favored the object by remarking, " that young 
men should learn to dance, for if they were unable to participate in that 
amusement, they would at parties resort to cards, which would load to 
gambling. He was a great student ; if he was not always reading, what 
was still better, he was always thinking. Earnest and profound think- 
ing was a (perhaps the) prominent feature of his intellect. He thought 
quickly, yet deeply and accurately. What others found by a pains-tak- 
ing search and tedious investigation, ho obtained intuitively. To look 
at a subject at all was to penetrate it with an eagle's glance, to touch 
was to dissect, to handle was to unravel and analyze. He wrote well, 
yet his productions possessed few of the embellishments of art, and none 
of the ornaments of style, though always enlivened and brilliant from 
the flashes of a true and innate eloquence. 

Like other truly great men, Judge White's manners were simple and 
unpretending. He rarely, out of the private circle, jested, and though 
an impressive and instructive talker, he never was loquacious. In largo 
assemblies he was rather retiring and taciturn ; and yet when he did 



444 MEMOIR OF HUGH LAWSON "WHITE. 

speak, the attention of every hearer was arrested with the good sense, 
the originality, and the profundity of his remarks. "Where he chose to 
use them as weapons of defence, he resorted effectually to irony, ridicule 
and sarcasm, and woe to the antagonist on whom he turned these instru- 
ments of torture, accompanied by the significant pointing of his finger, 
and the withering glance of his piercing eye — " I would rather be in 
hell," exclaimed a profane juror, " than to have been in 's shoes to- 
day, in the court-house." And yet to his friends he was habitually kind 
and benignant, and faithful. None were more so — he was grave without 
being haughty, and dignified without being arrogant. He had a lofty 
reserve and a consequential bearing, which belong to, and are insepa- 
rable from, superior mental endowments, and superior moral principle, 
and a severe public and private virtue ; but nothing of the supercilious- 
ness that belongs to, or is affected, by the weak pretender or the peda- 
gogue. Mens conscia recti did elevate him in his own, as well as in the 
esteem of others, and no one man than he better deserved the proud 
epitaph, 

" Integer vitae scelerisque purus." 

On his first election to the United States Senate, he remarked to a 
number of young men around him, when the news arrived from Nash- 
ville, " Young gentlemen, never seek oflice — let office seek you." 

He was exceedingly industrious, punctual, and methodical. An early 
riser, he was generally in town, and in his oflice, before the citizens had 
eaten their breakfast — though his residence was for many years two 
miles in the country. He was very domestic, and though qualified to 
figure in the public counsels, he was always fond of home and retirement. 
I mention a single other trait of character — his filial piety. He not only 
venerated his father, but he bowed before and idolized his mother. From 
her he inherited his genius, and his intellect — his quickness, and his 
originality, and her he never ceased to admire and reverence. 

I have thus thrown together some of my recollections of the subject of 
your volume — some of my remarks are condensed from my manuscript 
of a future volume of my History of Tennessee. Take them for what 
they are worth. Your theme is an interesting one, and will, I doubt not, 
be a valuable contribution to Tennessee Literature, and Tennessee Bio- 
graphy. I am already impatient to see it. 

Very respectfully, your obedient servant, 

J. G. M. Kamset. 

Mecklenburg, Tenn., Dec. 18th, 1855. 

But honest and benevolent as were all his intentions throughout life, 
his character would have been greatly defective without that confi- 



ANECDOTES OF JUDGE WHITE. 445 

dence and serenity which he displayed amidst his many vexations and 
disappointments. Friends became estranged from him — he was 
called to surrender up parents, brothers, sisters, children, and wife — 
and to follow their cold bodies to " the home appointed for all the 
livine;." Yet in all afflictions he acknowledged the hand of God — 
and by them his heart was brought into a holy conformity to the 
divine will. 

When through the machinations of his political opponents he was 
not only driven from an honorable station, but abused and insulted 
even along the highway, his patience and gentleness, and his noble 
saying that he could have no other feeling than pity for those who 
thus assailed him, showed that he lived in a continual sense of the 
presence of God ; and committed his cause into the hands of Ilim 
unto whom reward and punishment belong. 

A single characteristic anecdote of Judge White, extracted from 
Rev. James Gallagher's "Western Sketch Book," is here added : 

From his youth, Judge White was characterized by profound reve- 
rence for the ordinances of the gospel. He was a regular attendant at 
the house of worship. And while he was a Presbyterian, that being the 
church of his fathers, and the church of his choice, he was benevolent 
and liberal towards other branches of the great Christian family. He 
gave to the Methodist church, at Knoxville, the ground on which their 
house of worship was built ; and occasionally he would appear in the 
congregation and join them at their worship. 

Now in those days there was a notable "presiding elder" in that re- 
gion, called Father Axley; a pious, laborious, uncompromising preacher 
of the gospel, who considered it his duty to rebuke sin wherever it should 
presume to lift its deformed head within the limits of his district. And 
while Father Axley was a man of respectable talents, undoubted piety, 
and great ministerial fidelity, he had moreover a spice of humor, oddity, 
and drollery about him, that rarely failed to impart a characteristic 
tinge to his performances. The consequence was, that amusing anec- 
dotes of the sayings and doings of Father Axley abounded throughout 
the country. 

On a certain day, a number of lawyers and literary men were together 
in the town of Knoxville, and the conversation turned on the subject of 
preaching and preachers. One and another had expressed his opinion 
of the performances of this and that pulpit orator. At length Judge 
White spoke up: "Well, gentlemen, on this subject each man is, of 
course, entitled to his own opinion ; but I must confess, that Father Ax- 
ley brought me to a sense of my evil deeds, at least a portion of thorn, 



446 MEMOIR OF HUGH LAWSON WHITE. 

more effectually than any preacher I have ever heard." At this, every 
eye and ear was turned ; for Judge White was never known to speak 
lightly on religious subjects, and, moreover, he was habitually cautious 
and respectful in his remarks concerning religious men. The company 
now expressed the most urgent desire that the Judge would give the 
particulars, and expectation stood on tiptoe. 

"I went up," said the Judge, "one evening to the Methodist church. 
A sermon was preached by a clergyman with whom I was not acquaint- 
ed ; but Father Axley was in the pulpit. At the close of the sermon he 
arose, and said to the congregation : ' I am not going to detain you by 
delivering an exhortation. I have risen simply to administer a rebuke 
for improper conduct which I have observed here to-night.' This, of 
course, waked up the entire assembly ; and the stillness was most pro- 
found, while Axley stood and looked for two or three seconds over the 
congregation. Then stretching out his large, long arm, and pointing 
with his finger steadily in one direction, ' now,' said he, 'I calculate that 
those two young men who were talking and laughing in that corner of 
the house, while the brother was preaching, think that I am going to 
talk about them. Well, it is true, that it looks very bad, when well- 
dressed young men, who you would suppose, from their appearance, be- 
longed to some genteel, respectable family, come to the house of God, 
and instead of reverencing the majesty of Him that dwelleth therein, or 
attending to the message of everlasting love, get together in one corner 
of the house (the finger all this while pointing straight and steady as the 
aim of a rifleman), and there, through the whole solemn service, keep a 
talking, tittering, giggling, laughing, and annoying the minister, dis- 
turbing the congregation, and sinning against God. I'm sorry for the 
young men. I'm sorry for their parents. I'm sorry they've done so to- 
night. I hope they'll never do so again. But, however, that's not the 
thing I was going to talk about. It is another matter, and so important 
that I thought it would be wrong to suffer the congregation to depart 
without administering a suitable rebuke. Now,' said he, stretching his 
huge arm and pointing in another direction, ' perhaps that man who was 
asleep on the bench out there, while the brother was preaching, thinks 
I am going to talk about him. Well, I must confess, it looks very bad 
for a man to come into a worshipping assembly, and, instead of taking 
his seat like others and listening to the blessed gospel, carelessly stretch 
himself out on a bench and go to sleep ! It is not only a proof of great 
insensibility with regard to the obligations which we owe to our Creator 
and Redeemer, but it shows a want of genteel breeding. It shows that 
the poor man has been so unfortunate in his bringing up, as not to have 
been taught good manners. He doesn't know what is polite and respect- 
able in a worshipping assembly, among whom he comes to mingle. I'm 
sorry for the poor man. I'm sorry for the family to which he belongs. 



ANECDOTES OF JUDGE WHITE. 117 

I'm soi-ry he did not know better; I hope he will never do so again. 
But, however, that is not what I was going to talk about.' Thus Father 
Axley went on for some time ; ' boxing the compass,' and hitting a num- 
ber of persons and things that he was 'not going to talk about,' and 
hitting them hard, till the attention and curiosity of the audience were 
raised to the highest pitch, when finally he remarked : ' The thing of 
which I was going to talk, is chewing tobacco. Now, I do hope, when 
any gentleman comes here to church who can't keep from chewing to- 
bacco during the hours of public worship, that he will just take his hat 
and put it before him, and spit in his hat. You know we are Methodists. 
You all know that our custom is to kneel when we pray. Now, any 
gentleman may see in a moment how exceedingly inconvenient it must 
be for a well-dressed Methodist lady to be compelled to kneel down in a 
great puddle of tobacco spit !' 

" Now," said Judge White, " at this very time I had in my mouth an 
uncommonly large quid of tobacco. Axley's singular manner, and train 
of remark had strongly arrested my attention. While he was striking to 
the right and left, hitting those things that he was not going to talk 
about, my curiosity was roused, and conjecture was busy to find out 
what he could be aiming at. I was chewing my huge quid with uncom- 
mon rapidity, and spitting, and looking up at the preacher, to catch 
every word and every gesture, and when at last he pounced on the 
tobacco, behold, there I had a great puddle of tobacco spit ! I quietly 
slipped the quid out of my mouth, and dashed it as far as I could under 
the seats, resolving never again to be found chewing tobacco in a Me- 
thodist church." 



APPENDIX. 



It was not until after the printing of the foregoing pages that there 
appeared, in Chapter of Vol. II. of Senator Benton's " Thirty 
Years' View," certain unfortunate misrepresentations respecting pas- 
sages in Judge White's life. The evident fairness of intention with 
which Mr. Benton has written, and the value and authority of the 
opinions of one so able, generally reliable and experienced, render it 
the more requisite that these errors should here meet a suitable cor- 
rection. 

Mr. Benton, after having spoken of Judge White's life, services 
and character, so worthily and nobly as even by his own words to seem 
inconsistent in what follows, proceeds to state his reasons, why Judge 
White, although "so favored by his State during a long life, should 
have lost that favor in his last days, received censure from those who 
had always given praise, and gone to his grave under a cloud, after 
having lived in sunshine." He accounts for this version of Judge 
White's non-election, and for what he represents as disappointment 
and grief arising from it, as follows : " The reason is briefly told. la 
his advanced age he did the act which, with all old men, is an experi- 
ment, and with most of them, an unlucky one. He married again ; 
and this new wife, having made an immense stride [!] from the head 
of a boarding-house table to the head of a Senator's table, could see 
no reason why she should not take one step more, and that compara- 
tively short, and arrive at the head of the Presidential table." And 
lastly; he says that the various opponents of Mr. Van Buren, with 
intent to use Judge White in defeating Mr. Van Buren, "combined 
and worked in concert ; and their line of operations was through the 
vanity of the victim's wife. They excited her vain hopes. And this 
modest, unambitious man, who had spent all his life in resisting office 
pressed upon him by his real friends, lost his power of resistance in 
his old age, and became a victim to the combinations against him — 
29 (449) 



450 APPENDIX. 

which all saw and deplored, except himself." Mr. Benton further 
quotes as corroborating authority an extract from a letter, written not 
in the most delicate manner, by a member of Congress from Ken- 
tucky, Hon. R. P. Letcher, and published by his correspondent, after 
a fashion still less gentlemanly, as follows: "Judge White is on the 
track, running gaily, and won't come off; and if he would, his wife, 
won't let him." 

Some of these expressions are somewhat deficient in point of deco- 
rum; but they are liable to the much graver objection of unreason- 
able error. 

To consider these points in the order of time, Mr. Benton says, in 
substance, that Mrs. White was vain and ambitious even to folly ; 
that Judge White exhibited equal weakness by permitting her to 
govern his public conduct ; and that the opponents of Mr. Van Buren 
made her the instrument of deceiving him with unfounded hopes of 
the Presidency, merely to further their own intrigues. 

It will hardly be claimed that there was anything wrong or foolish, 
in a desire or aspiration on the part of Mrs. White, to see her hus- 
band President, and herself at the head of his table; for unless some 
privileges of some aristocratic order are to be set up, it is difficult to 
see on what principle any lady in the United States is to be blamed 
for the same ; and much more then, was the desire a right one, when 
the circumstances of the case rendered its fulfilment so honorably 
profitable. 

But there is improbability in this imputation against Mrs. White. 
She was of a respectable and influential family; the daughter of 
Colonel Craven Payton, of Loudon County, Virginia, who lost his life 
in the war of 1812. Educated most thoroughly, and possessed of un- 
common force of character, as well as great talent, she was one of the 
most attractive women in the Union. She had been unhappily mar- 
ried; and having been divorced, and nobly resolving not to be a 
burden upon her friends, she deliberately undertook to maintain her- 
self and her two children by her own exertions. Having failed in an 
attempt to establish a school at Alexandria, she opened a boarding, 
house at Washington, and by financial tact, skill and perseverance, 
not only extricated herself from the pecuniary embarrassments which 
her first failure had brought upon her, but also accumulated a con- 
siderable property. Her house was well known as the resort of the 
most respectable class of visitors to Washington ; and after Judge 
White had resided there while in that city, from 1820 to 1832, she 



APPENDIX. 



451 



became his wife. She was abundantly qualified for her new position, 
and she filled it with credit, attracting much attention, and giving 
great pleasure to her husband, who loved her and was proud of her. 

But that he suffered himself to be governed by her desires in 
determining his official or public course, and especially that he was led 
away into a vaiu and foolish ambition by her, is a gratuitous assump- 
tion, totally irreconcilable with the main body of Mr. Benton's own 
statements respecting his character, and with the truth. Pie would 
doubtless do all that was possible to comply with her wishes; but there 
is not one action or word in all his life, which does not aid in demon- 
strating that in regard to the ordination especially of his public and 
official acts, he proceeded according to the principles of right and 
duty, without swerving aside in deference, either to his own comfort 
or pleasure, or to that of others, however near and dear. 

It is not a little surprising that Mr. Benton should have reproduced, 
even with the modified form of expression which he has substituted 
so vulgar a piece of slang and scandal as the remark about Judge 
White's being now " on the track," &c^_and-tkat even if he should 
desire to come off, "his wife won't let him." Mr. Letcher's conduct 
in relation to the nomination of Judge White, and his motives as in- 
dicated in this letter, were discreditable enough to have justified entire 
silence about the transaction ; but since Mr. Benton has chosen to 
endorse the idle tale, it is best to answer it. Mr. Letcher was sharply 
reproved for his conduct and his words, and that by men not sus- 
pected of unduly favoring Judge White. Mr. Blair, of the Globe, 
says, in an editorial, Nov. 30, 1835, "With regard to Mr. Letcher's 
introduction of Judge White's wife into his political epistle, we think 
no reprehension too severe. Enjoying as he did last winter, the con- 
fidence and intimacy of Judge White and his friends, and the portion 
of his family then in this city living in social intercourse with that of 
the Judge, we cannot conceive a more ungrateful return than the 
ridicule he attempts to cast on the victim of his political intrigues, 
through his dearest domestic relation." 

Whatever Mr. Blair's personal relations with Judge White may 
latterly have been, his words in this relation are entitled to great 
weight. And he more than once repeated the reproof. 

But Mr. Benton represents Judge White as having been a mere tool 
in the hands of his wife; and the intelligent and passive victim 
through her means, of the deceitful machinations of WhigB, Cal- 
houn men and disaffected Democrats, working together to defeat Mr. 



452 APPENDIX. 

Van Buren at any sacrifice. This has always been the representation 
of the partisans of Jackson and his successors, who of course were 
interested to maintain the reputation of their own managers. Mr. 
Blair, in the same articles which administered to Mr. Letcher a 
deserved castigation, gave, as his version of the facts, precisely the 
substance of Mr. Benton's representations. 

It is true, as Mr. Benton himself states, that Judge "White did not, 
like most political men, seek office, but merely consented to accept it, 
often refusing. As of other nominations, so was this true of the 
Presidential nomination. It was repeatedly pressed upon him before 
he consented to accept it ; and when he did accept it, it was in answer 
to the calls of duty, not of ambition. His nomination, instead of 
being a contrived scheme of Calhoun, Clay, and other opponents of 
Van Buren, working together, was the spontaneous voice of his own 
and other States; and the ultimate partial abandonment of it was not 
the result of the further efforts of those same schemes, but of the 
machinations of those pretended friends of Judge White, within his 
own political party, who, along with General Jackson, were determined 
to continue what might be called a dynasty of Jacksonian Presidents, 
by the election of Van Buren. The abandonment of his nomination 
by the Legislature of Alabama, was one success for this combination ; 
but the rebuke which they received in Tennessee, has been stated. 
That this is the real state of the case, satisfactory evidence has been 
adduced in the preceding chapters; especially in the twelfth, and the 
five next succeeding. 

Mr. Benton also states very positively, and as a thing undisputed, 
another old partisan story, viz., that Judge White's alienation from 
the " Democratic " organization, and his opposition to Mr. Van 
Buren's administration, brought upon him the censure of his own 
State. Now it is very true that this alienation and opposition brought 
upon Judge White the bitter and unscrupulous enmity of the leading 
" Democrats," who, even then, both at Washington and in Tennessee, 
had degenerated from statesmen into mere managers and place hunt- 
ers; and that the machinations of these men prevailed to carry, in 
the Tennessee Legislature, those instructions in response to which 
Judge White resigned his seat in the Senate of the United States. 
But it certainly is altogether incorrect to represent this vote as the 
voice of the State of Tennessee. The hearts of the mass of citizens 
in that State were steadily with Judge White, as well after his differ- 
ence with Jackson and the other schemers for Van Buren, as before. 



APPENDIX. 453 

Was it a sign of departed confidence and a mark of reprobation, that 
in Jackson's own State, and against the whole immense weight of his 
official and personal influence, strenuously used and abused, Judge 
White had a majority of ten thousand, forty-three to Van Buren's 
eighteen in the Hermitage district itself? And although the admin- 
istration members of the Tennessee Legislature did afterwards contrive 
to pass the instructing resolutions which it was well known would 
oblige Judge "W hite to resign, yet the work was only done after a des- 
perate struggle, and by the stringent operation of party and parlia- 
mentary machinery. It certainly was not done in obedience to any 
call from the people of Tennessee, for the subject was not passed upon 
or even alluded to during the election which constituted that Legisla- 
ture. It was not the deliberate demand of a dissatisfied constituency ; 
it was a shy contrivance, sprung and engendered by a few angry and 
unprincipled enemies. The indignation meetings which afterwards 
took place in various parts ef Tennessee, the triumphal progress of 
Judge White's final journey from Washington to his home, were much 
truer indications of his place in the esteem of the voters whom he had 
so long and so faithfully represented. 

Judge White never swerved from consistent practice accordant with 
the principles which governed his conduct. These principles were 
perhaps too pure and lofty to harmonize with the views of most of 
those who then led the " Democratic " hosts. At any rate, it was 
Judge White who did not deviate from pure and consistent Demo- 
cratic principles, and from upright political conduct, but Jackson and 
the remaining friends of Mr. Van Buren who did so deviate ; and 
thus it was, according to all experience, that the delinquents expended 
all their ans-er, and strove to cast all the blame of the difference in 
opinion, upon him whose unstained honor and undeviating'consistency 
was a standing monument of their own duplicity and shame. 

As Mr. Benton says, Judge White, although of measured and quiet 
deportment, was a man of strong feelings. He was peculiarly alive 
to anything savoring of ingratitude, meanness, or deceit. Such being 
the case, it would not be strange if the proceedings of these men in 
the Jackson and Van Buren interest, who had formerly been his own 
personal friends, had received so many kindnesses from him, and had 
made so many professions, not only of general good feeling, but of 
efficient advocacy and support in that very nomination — it would not 
be strange if these evidences of foul play touched him deeply. They 
did ; but that either they, or the ignoble mortification of a disappointed 



454 APPENDIX. 

office-seeker, were causes sufficient to shorten a life so pure, self-sus- 
tained and noble, so unstained by passion, and so uninfluenced by sel- 
fish interests, is a proposition absurd on its face. It is, moreover, 
directly in conflict with the uniform assertions of Judge White him- 
self, before, during, and after the election ; and whatever distrust is 
usually felt of such professions from men in public life, probably no 
man will impugn the absolute and perfect truthfulness of Judge 
White, even in a matter so immediately concerning himself. 

These misrepresentations, in short, are neither even presumptively 
.reasonable, nor based upon correct statements of actual fact. It is as 
absurd as it is untrue to assert that after a long life of honor and use- 
fulness, passed, before the sight of all men, upon an eminence so lofty 
as that to which Judge White's integrity and abilities lifted him, and 
under the searching gaze which always scrutinizes such men, without 
a single stain or shadow of folly or wrong doing — it is as absurd as it 
is untrue to assert that the patriot grown old in the practice of wisdom 
and in disinterested toil, closed the long succession of his honorable 
and honored actions, with the exhibition of superannuated folly and 
imbecile grief charged upon him by his former opponents, and yet 
reproduced even by the best of their survivers. 

It remains to suggest adequate reasons for these erroneous imputa- 
tions of passive folly, of weak ambition, and of weaker lamentation. 
They are not wanting. 

First. That which is described as having been the unresisting sub- 
mission of a weak old man, was singly perseverance in a long life rule 
"never to seek office, but to let office seek him." Such were Judge 
White's own words ; and as always before, so did he now quickly pre- 
pare to respond to the call of his fellow-countrymen, if it should be 
uttered. It was a thing of course, that his unmoved and dignified 
conduct should, in the eyes of the greedy, grasping and intriguing 
class of selfish politicians, who at that period descended like a cloud 
of locusts upon the land, seem to be foolishness and imbecility. Nor 
were they the first shrewd men who have been " wiser in their own 
generation " than the loftier and more far-sighted, whose principles 
of action and views of true expediency they could neither practice 
nor comprehend. 

But — with due respect be it said— it is, secondly, to be observed, 
that this verdict from Mr. Benton seems easily to be accounted for by 
his very general habit of attributing all the actions of his prominent 
political cotemporaries of opposite belief, to motives purely selfish and 



APPENDIX. 455 

personal. He has given, for Judge White's conduct, such reasons as 
it is his habit to give for the conduct of many other eminent men ; 
although, indeed, he has not attributed such to Gen. Jackson, or to 
any others of those with whom his own political communion has been 
undisturbed. The "Panama Mission" is said to have been contrived 
and used, only as an Administration measure, in the behalf of Presi- 
dent Adams and Mr. Clay j vol. I., p. 65. The Tariff of 1828 was 
advocated by Mr. Clay and the Administration, with reference to the 
election of 1828, as a means of beating Jackson, not for the good of 
the country ; vol. I., p. 95, et seq. Clay and Calhoun desired the 
Tariff question to be withdrawn from politics, because they could not 
use it to become Presidents with ; vol. I., p. 314. Calhoun attempts 
to become President by Nullification; p. 840. Both these gentle- 
men, Chap. LXXXV., arranged the "Compromise of 1833" with 
sole reference to their own Presidential aspirations. Clay, Calhoun, 
and Webster, join to aid the United States Bank in procuring a re- 
charter, that they may overthrow Jackson and rise by his fall; Chap. 
XCVIII. Indeed, assertions and implications to similar effect are 
too numerously sprinkled throughout Mr. Benton's work, to permit 
more than a very few of them to be referred to. It need not be sup- 
posed that that honest and upright statesman has consciously wronged 
any man. Such a conviction has not improbably been the legitimate 
result of his observations. His error in this single case is simply 
failure to recognise an exception to a rule unhappily generally correct. 



THE END. 



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